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ROSALES v. STATE TAXATION AND REVENUE DEPT.

No. 31,433.

287 P.3d 353 (2012)

2012-NMCA-098

Gilbert ROSALES, Sr., Plaintiff-Appellee, v. STATE of New Mexico TAXATION AND REVENUE DEPARTMENT, MOTOR VEHICLE DIVISION, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, August 21, 2012, No. 33,753.

Attorney(s) appearing for the Case

William G. Stripp Ramah, NM, for Appellee.

Gary K. King , Attorney General, Taxation and Revenue Department, Peter Breen , Special Assistant Attorney General, Santa Fe, NM, for Appellant.

OPINION

FRY, Judge.

{1} Thirty days after the district court entered an order reinstating Petitioner Gilbert Rosales, Sr.'s driving privileges, the Motor Vehicle Division (the Division) filed a motion for reconsideration. The district court declined to consider the merits of the Division's motion and instead ruled that the motion was deemed denied as a matter of law pursuant to the automatic denial provision in NMSA 1978, Section 39-1-1 (1917...

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