VACATE

96F-T0237-ROC · Registrar of Contractors · 1999-01-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS | |§| | | |§|CASE NO.: T96-0237 | |LEIGH BERNSTEIN, |§| | | |§|DOCKET NO.: 96F-T0237-ROC | |Complainant, |§| | | |§| | |-v- |§|ORDER VACATING | | |§|AND | |License No.101952, Class B- of |§|RECOMMENDED Closure | |Joseph Louis Shupack |§| | |d.b.a. SKYLINE ENTERPRISES, |§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| |

This matter originally came on for hearing on September 11, 1996, with both parties appearing by and through their counsel of record. At the onset of the hearing the Complainant moved for a directed verdict on the basis of a civil judgment from a Pima County Justice Court regarding the same issues between the same parties. The Respondent admitted that a civil judgment had been issued but opposed the motion on the basis that the Justice Court decision was on appeal to a Superior Court. This matter was then continued and was to be rescheduled for further hearing after the Superior Court had issued an Order regarding the appeal before it. The matter was to be set for further hearing only after a certified copy of the decision of the Superior Court was submitted by either of the parties. It has now been over two years and, despite repeated requests that they do so, neither party has submitted any documentation from the Superior Court.

THEREFORE:

Good cause appearing, the above entitled matter is vacated from the calendar of the Office of Administrative Hearings and it is recommended that Case No.T96-0237, together with the claim upon which it is based, be dismissed.

Done this 12th day of January, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Administrative Law Judge M. Douglas

Original / Copy of foregoing mailed this 13th day of January, 1999,:

Leigh Bernstein 2965 E. Lee St. Tucson, AZ 85716

Joseph Shupack P.O. Box 37153 Tucson, AZ 85740

David Braun, Esq. 221 E. Broadway, Suite 109 Tucson, AZ 85719

Transmitted this 13th day of January, 1999, to:

Registrar of Contractors Attn: Joyce Armijo or Valerie Hicks 800 W. Washington, 6th Floor Phoenix, AZ 85007

Registrar of Contractors Attn: Griselda Ybarra 400 W. Congress, Suite 212 Tucson, AZ 85701

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