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MATTER OF McDONELL v. NEW YORK STATE DEPT. OF MOTOR VEHICLES

1043 TP 10-00878.

77 A.D.3d 1379 (2010)

908 N.Y.S.2d 507

In the Matter of KYLE P. McDONELL, Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES et al., Respondents.

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

Decided October 1, 2010.

It is hereby ordered that the determination is unanimously annulled on the law without costs and the petition is granted.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination suspending his license. We agree with petitioner that the determination is not supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 

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