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MATTER OF BERLIN v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES

508522.

80 A.D.3d 911 (2011)

914 N.Y.S.2d 436

In the Matter of ELLEN M. BERLIN, Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent.

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

Decided January 13, 2011.

STEIN, J.

Late one evening, petitioner was driving her automobile on Route 32 in the Town of Esopus, Ulster County, when an axle and tire came off. She left the vehicle in front of a private residence and began walking north on Route 32. Shortly thereafter, State Trooper Theresa Diluvio responded to a report of a motor vehicle accident at the location where petitioner had left her vehicle. When she arrived at the scene, she found an unattended vehicle with both air...

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