MATTER OF CASALINO INTERIOR DEMOLITION CORP. v. STATE OF NEW YORK DEPARTMENT OF MOTOR VEHICLE TRAFFIC VIOLATIONS BUREAU APPEALS BOARD


261 A.D.2d 615 (1999)

690 N.Y.S.2d 685

In the Matter of CASALINO INTERIOR DEMOLITION CORP., Appellant, v. STATE OF NEW YORK DEPARTMENT OF MOTOR VEHICLE TRAFFIC VIOLATIONS BUREAU APPEALS BOARD et al., Respondents.

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

Decided May 24, 1999.


Ordered that the appeal is dismissed, without costs or disbursements, and so much of the order as denied those branches of the petition which were to annul the determination on the grounds that it lacked a rational basis and was arbitrary and capricious is vacated; and it is further,

Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, without costs or disbursements.

Since the petition raises a substantial evidence question...

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