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MATTER OF FAILING v. FIALA

2012-06215, Index No. 328/12.

111 A.D.3d 723 (2013)

974 N.Y.S.2d 541

2013 NY Slip Op 7476

In the Matter of SHAWN FAILING, Respondent, v. BARBARA J. FIALA, as Commissioner of the New York State Department of Motor Vehicles, Appellant.

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

Decided November 13, 2013.

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Appeals Board dated December 27, 2011, affirming a determination of an administrative law judge dated March 31, 2011, which, after a hearing, suspended the petitioner's driving privileges for a period of one year, the appeal is from a judgment of the Supreme Court, Rockland County (Berliner, J.), dated May 29, 2012, which granted the petition to the extent...

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