MATTER OF FEMIA v. ADMINISTRATIVE APPEALS BOARD OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES


42 A.D.3d 951 (2007)

839 N.Y.S.2d 396

In the Matter of MARY C. FEMIA, Petitioner, v. ADMINISTRATIVE APPEALS BOARD OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES et al., Respondents.

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

Decided July 6, 2007.


It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding challenging the determination that directed her to retake a road test examination pursuant to Vehicle and Traffic Law § 506 (1). As a preliminary matter, we note that "[t]his CPLR article 78 proceeding was improperly transferred to this Court inasmuch as...

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