Opinion
February 11, 1971
Motion to modify an ex parte order of Supreme Court, Rensselaer County, by vacating a provision which enjoins, stays and prohibits respondent from taking any action with respect to petitioner's operator's license pending the return of an article 78 proceeding to review respondent's determination purportedly revoking petitioner's license. Motion granted, without costs. We take this opportunity to express our view that orders enjoining, compelling or staying action by State officials should be granted only upon notice. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur.