VIOLI v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES


15 Misc.3d 1044 (2007)

838 N.Y.S.2d 354

LEONARD VIOLI, Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent.

Supreme Court, Westchester County.

February 16, 2007.


Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, White Plains (Vincent M. Cascio of counsel), for respondent.

McMillan, Constabile, Maker & Perone, LLP, Larchmont (John M. Perone of counsel), for petitioner.


OPINION OF THE COURT

JONATHAN LIPPMAN, J.

The following papers were read on the motion of respondent New York State Department of Motor Vehicles (DMV) to dismiss this CPLR article 78 proceeding pursuant to CPLR 7804 (f) and CPLR 3211 for failure to state a cause of action, and, upon the application of petitioner, Leonard Violi for an order from this court preliminarily enjoining respondent or respondent's agents from taking any action to suspend or revoke...

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