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MATTER OF TMG SERVICES, INC. v. STATE OF NEW YORK DEPARTMENT OF MOTOR VEHICLES

11 A.D.3d 548 (2004)

783 N.Y.S.2d 817

In the Matter of TMG SERVICES, INC., Doing Business as A-1 BALDWIN TRANSMISSIONS & ENGINE COMPANY, Appellant, v. STATE OF NEW YORK DEPARTMENT OF MOTOR VEHICLES, Respondent.

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

October 12, 2004.

Adjudged that the petition is granted to the extent that so much of the determination as affirmed the finding that the petitioner violated Vehicle and Traffic Law § 398-d (1) and 15 NYCRR 82.5 (g) is annulled and the penalties imposed on all the charges against the petitioner are vacated; as so modified, the determination is confirmed, with costs payable to the petitioner, the petition is otherwise denied, the proceeding is otherwise dismissed, and the matter is remitted...

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