STATE OF NEW YORK

DEPARTMENT OF STATE

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In the Matter of

ALLSTATE PRIVATE CAR & LIMOUSINE

SERVICE, INC., MARK SLINN,DECISION ON APPELLANTS’

and “JOHN DOE”,                                                                 MOTION FOR AN EXTENSION

OF TIME TO FILE

Respondents-Appellants,A MEMORANDUM OF APPEAL

            -and-                                                                            67 DOS APP 09

The Application of

ALLSTATE PRIVATE CAR & LIMOUSINE

SERVICE INC. and MARK SLININ,

            -against-                                                                      

DIVISION OF LICENSING SERVICES,

                                    Complainant-Respondent.

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            On November 13, 2009, Administrative Law Judge (ALJ) Roger Schneier rendered a decision (1109 DOS 09) finding that Appellants violated Executive Law §§ 160-jj[6] and 160-oo, and imposing a $10,000 fine upon them. The ALJ also directed that no renewal of Appellants’ black car fund operator registration may be issued until full payment of the $10,000 fine is received by the Department of State.  

            On December 11, 2009, Appellants counsel submitted a Notice of Appeal to the Secretary of State, stating that he was recently retained, asking for a copy of the hearing record, and requesting an extension of time within which to submit a memorandum of appeal.     

            A memorandum of appeal filed with the Secretary of State must be based on evidence within the record on appeal (19 NYCRR § 400.2(k)). A party may request and OAH must provide a transcript of the proceedings at a statutorily prescribed cost or rate. State Administrative Procedure Act § 302 provides:

2. The agency shall make a complete record of all adjudicatory proceedings conducted before it. For this purpose, unless otherwise required by statute, the agency may use whatever means it deems appropriate, including but not limited to the use of stenographic transcriptions or electronic recording devices. Upon request made by any party upon the agency within a reasonable time, but prior to the time for commencement of judicial review, of its giving notice of its decision, determination, opinion or order, the agency shall prepare the record together with any transcript of proceedings within a reasonable time and shall furnish a copy of the record and transcript or any part thereof to any party as he may request. Except when any statute provides otherwise, the agency is authorized to charge not more than its cost for the preparation and furnishing of such record or transcript or any part thereof, or the rate specified in the contract between the agency and a contractor if prepared by a private contractor. (Emphasis added)

            Appellants have retained counsel and counsel has timely filed a Notice of Appeal and request for the hearing record. Under such circumstances, an extension of time to review the record and file a memorandum of appeal is warranted. Appellants will be granted an extension of 45 calendar days from the date of this Decision within which to file a memorandum of appeal with the Secretary of State. DETERMINATION

            Appellants’s motion for a 45-day extension of time to submit a memorandum of appeal is hereby granted. The Office of Administrative Hearings is directed to take notice of Appellants’ request and to make available for inspection or for copying at the statutory rate the hearing record in this matter to Appellants’ counsel, Peter A. Lauricella, Esq., at Wilson, Elser, Moskowitz, Edelman & Dicker LLP, 677 Broadway, Albany, NY 12207-2996.

So ordered on: December , 2009                             ______________________________

                                                                                    Daniel E. Shapiro, Esq.

                                                                                    First Deputy Secretary of State