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IN THE MATTER OF HERSKOVIC v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES

57 A.D.3d 995 (2008)

869 N.Y.S.2d 787

In the Matter of YEHUDA HERSKOVIC, Appellant, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

December 30, 2008.

Ordered that the judgment is affirmed, with costs.

No basis exists for annulling the determination of the New York State Department of Motor Vehicles Appeals Board (hereinafter the Appeals Board) limiting the petitioner's administrative appeal from a determination of an Administrative Law Judge (hereinafter the ALJ) to whether the penalty imposed was excessive (see CPLR 7803 [3]; see also Vehicle and Traffic Law § 228 [2] [b], [c]; 15 NYCRR 126...

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