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MATTER OF RUSSO v. NEW YORK STATE DEP'T OF MOTOR VEHICLES

181 A.D.2d 774 (1992)

In the Matter of Michael Russo, Petitioner, v. New York State Department of Motor Vehicles et al., Respondents

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

March 16, 1992

Adjudged that the proceeding is dismissed, without costs or disbursements.

Since no question is raised in the petition as to whether the determination of guilt was supported by substantial evidence, it was improper for the Supreme Court, Suffolk County, to transfer this proceeding to this court (see, CPLR 7804 [g]; Ferguson v Meehan, 141 A.D.2d 604). However, since the matter is now before this court, in the interests...

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