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STATE EX REL. CICCHIRILLO v. ALSOP

No. 32876.

629 S.E.2d 733 (2006)

218 W.Va. 674

STATE of West Virginia ex rel. Joseph CICCHIRILLO, Commissioner, West Virginia Division of Motor Vehicles, Petitioner v. The Honorable Jack ALSOP, Judge of the Circuit Court of Braxton County; Lonnie D. Rose and Rita M. Tonkin, Respondents.

Supreme Court of Appeals of West Virginia.

Decided: April 7, 2006.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq., Attorney General, Janet E. James, Esq., Assistant Attorney General, Charleston, for Joseph Cicchirillo, Commissioner, Division of Motor Vehicles.

Howard J. Blyler, Esq., Cowen, for Honorable Jack Alsop, Judge of the Fourteenth Judicial Circuit.

MAYNARD, Justice.

Petitioner Joseph Cicchirillo, Commissioner of the West Virginia Division of Motor Vehicles (hereafter "the Commissioner"), seeks a writ of prohibition to prevent the enforcement of a portion of the July 5, 2005, final order of Respondent, the Honorable Jack Alsop, Judge of the Fourteenth Judicial Circuit, that ordered the Commissioner to cease the use of certain procedures in license revocation proceedings and directed the Commissioner to draft...

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