MATTER OF ORTENBERG v. COMM'R OF MOTOR VEHICLES


191 A.D.2d 898 (1993)

595 N.Y.S.2d 127

In the Matter of Barry Ortenberg, Petitioner, v. Commissioner of Motor Vehicles, Respondent

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

March 11, 1993


In our view, the Administrative Law Judge correctly rejected petitioner's contention that the Department of Motor Vehicles was required to prove petitioner's guilt under the "clear and convincing" standard set forth in Vehicle and Traffic Law § 227 (1). That statute applies to hearings held under Vehicle and Traffic Law article 2-A. Petitioner's hearing, however, was held pursuant to Vehicle and Traffic Law article 3-A (see, Vehicle and Traffic Law § 510...

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