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MATTER OF NORTHLAND TRANSPORTATION, INC. v. JACKSON, JR.

271 A.D.2d 846 (2000)

706 N.Y.S.2d 501

In the Matter of NORTHLAND TRANSPORTATION, INC., Petitioner, v. RICHARD E. JACKSON, JR., as Commissioner of Motor Vehicles of the State of New York, et al., Respondents.

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

Decided April 20, 2000.

Carpinello, J.

Petitioner is an authorized motor carrier engaged in the business of transporting school-age children. Vehicle and Traffic Law § 509-l (2) (b), as relevant here, states: "No motor carrier shall * * * permit a driver to * * * be on duty or operate a bus if, by such person's general appearance or by such person's conduct or by other substantiating evidence, such person appears to have consumed * * * an intoxicating liquor within the preceding...

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