MATTER OF O'CONNELL v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES


278 A.D.2d 829 (2000)

717 N.Y.S.2d 444

In the Matter of JASON L. O'CONNELL, Respondent, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Appellant.

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

Decided December 27, 2000.


Judgment unanimously reversed on the law without costs, motion granted and petition dismissed.

Memorandum:

Supreme Court erred in denying respondent's motion to dismiss the petition seeking to compel respondent to reinstate petitioner's driving privileges. Petitioner commenced this proceeding by order to show cause served at respondent's branch office in Rochester. Petitioner failed to serve the chief executive officer of respondent or that person's designated...

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