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MATTER OF YANULAVICH v. APPEALS BOARD OF ADMINISTRATIVE ADJUDICATION BUREAU OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES

2 A.D.3d 955 (2003)

767 N.Y.S.2d 528

In the Matter of ALEX A. YANULAVICH, Appellant, v. APPEALS BOARD OF ADMINISTRATIVE ADJUDICATION BUREAU OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES et al., Respondents.

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

December 4, 2003.

Lahtinen, J.

In November 2000, petitioner struck a flag person while operating a motor vehicle in a construction zone. He reportedly told the investigating police officer that he could not see clearly because of an eye condition related to diabetes. In addition to issuing petitioner a ticket for failure to use due care, the officer also submitted a "Police Agency Request for Driver Review" to respondent Department of Motor Vehicles (hereinafter DMV). In response,...

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