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MATTER OF CORREALE v. PASSIDOMO

120 A.D.2d 525 (1986)

In the Matter of Paul J. Correale, Petitioner, v. John A. Passidomo, as Commissioner of New York State Department of Motor Vehicles, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 5, 1986

Determination and order confirmed and proceeding dismissed on the merits, with costs.

In order to successfully argue that a delay in scheduling a refusal hearing pursuant to Vehicle and Traffic Law § 1194 constituted a violation of the State Administrative Procedure Act § 301, the petitioner must show that he was substantially prejudiced by such delay (Matter of Geary v Commissioner of Motor Vehicles of State of N. Y., 59 N.Y.2d 950...

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