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KIRK v. DEPARTMENT OF MOTOR VEHICLES

22 A.D.3d 240 (2005)

801 N.Y.S.2d 533

MERCEDES KIRK, Petitioner, v. DEPARTMENT OF MOTOR VEHICLES et al., Respondents.

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

October 6, 2005.

The proceeding must be dismissed as against the State of New York, which is not a "body or officer" within the meaning of CPLR 7802 (a) against whom a CPLR article 78 proceeding may be brought (Matter of Capruso v New York State Police, 300 A.D.2d 27, 28 [2002]). On the merits, substantial evidence, specifically the testimony of the police officer who stopped petitioner, supports the finding that petitioner made an illegal U-turn...

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