McMILLIAN v. STATE OF NEW YORK


267 A.D.2d 78 (1999)

699 N.Y.S.2d 684

HERBERT McMILLIAN, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided December 9, 1999.


The claim for damages was properly dismissed on the ground that claimant's remedy for the fraudulent or otherwise illegal cancellation of his license is a CPLR article 78 proceeding (see, Fraccola v State of New York, 35 Misc.2d 74), which remedy plaintiff had already unsuccessfully pursued (see, Parker v Blauvelt Volunteer Fire Co., 93 N.Y.2d 343). We would add that claimant failed...

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