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MATTER OF TONY'S TOWING SERV., INC. v. SWARTS

2011-07710, Index No. 4775/11.

109 A.D.3d 475 (2013)

970 N.Y.S.2d 274

2013 NY Slip Op 5577

In the Matter of TONY'S TOWING SERVICE, INC., Doing Business as SALAMIS SERVICES STATION, Petitioner, v. DAVID J. SWARTS, Respondent.

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

Decided August 7, 2013.

Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Motor Vehicles, dated January 11, 2011, which, upon a decision of the New York State Department of Motor Vehicle Repair Shop Review Board dated November 8, 2010, denying the petitioner's application to vacate its default in appearing at an administrative hearing and for a new hearing, and affirming the determination of an Administrative Law Judge dated...

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