MERNICK v. DIV. OF MOTOR VEHICLES


746 A.2d 492 (2000)

John W. MERNICK, Respondent-Appellant, v. DIVISION OF MOTOR VEHICLES, Petitioner-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 2000.


Attorney(s) appearing for the Case

Parsekian & Solomon, Hackensack, for respondent-appellant, (Melvin R. Solomon and Stephen Ward Smithson, on the brief).

John J. Farmer, Jr., Attorney General, for petitioner-respondent (Mary C. Jacobson, Assistant Attorney General, of counsel; Scott E. Rekant, Deputy Attorney General, on the brief).

Before Judges KING, PAUL G. LEVY and CARCHMAN.


The opinion of the court was delivered by PAUL G. LEVY, J.A.D.

John Mernick appeals from the final order of the Director of the Division of Motor Vehicles (DMV) that indefinitely suspended his New Jersey bus driving endorsement because he suffers from chronic atrial fibrillation.1 We conclude that the Director's order is invalid, because DMV has failed to consider the individual characteristics of Mernick's particular cardiovascular disease...

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