MATTER OF CERVONI v. COMMISSIONER OF N.Y. STATE DEPT. OF MOTOR VEHICLES

2011-03324.

96 A.D.3d 742 (2012)

945 N.Y.S.2d 725

2012 NY Slip Op 4337

In the Matter of ANGELO CERVONI, Petitioner, v. COMMISSIONER OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES et al., Respondents.

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

June 6, 2012.


Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

On February 17, 2009, the petitioner's vehicle rolled backwards in a parking lot on Parsons Boulevard in Flushing as he unsuccessfully attempted to apply the brakes. The rear of the vehicle then struck and killed a pedestrian walking in the parking lot.

The petitioner contends that since he had parked the vehicle, he was not driving...

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