. >> i will call item no. 4, appeal number 07-209, gary martinovsky versus the taxi commission, appealing removal on august 30, 2007 of the appellants name from the public convenience and necessity medallion waiting list. this was on the board called the chair calendar for the past four years awaiting the outcome of a lawsuit filed against the city in which subject matter was being considered. that litigation is now over and when contacted, the appellant indicated that he wanted to have this matter heard. an october hearing that was elected but after mr. martinovsky failed to submit a brief, the matter was rescheduled to this date. mr. martinovsky indicated he was unhappy with the hearing date but refused to suggest an alternative. during a telephone conversation late last week, he indicated he did not attend to appear today. i am assuming he is not here. with that, i would recommend that we call the department representative to give him an opportunity to speak. president goh: agreed. >> good evening, commissioners. there is not much for me to say in this matter. we believe mr. martinovsk