BRADY v. DEPARTMENT OF MOTOR VEHICLES


98 N.Y.2d 625 (2002)

778 N.E.2d 539

748 N.Y.S.2d 889

In the Matter of JOHN BRADY, Appellant, v. DEPARTMENT OF MOTOR VEHICLES et al., Respondents.

Court of Appeals of the State of New York.

Decided April 25, 2002.


Attorney(s) appearing for the Case

John J. Budnick, Wantagh, for appellant.

Eliot Spitzer, Attorney General, New York City (Robert H. Easton, Caitlin J. Halligan and Mark Gimpel of counsel), for respondents.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The Department of Motor Vehicles (DMV) charged petitioner with violating Vehicle and Traffic Law § 392, which provides that "[a]ny person * * * who shall deceive * * * in connection with any examination * * * shall be guilty of a misdemeanor." Following a hearing, an Administrative Law Judge (ALJ) found that petitioner committed such deception...

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