CARNEY v. STATE DMV

4866-13

43 Misc.3d 674 (2014)

982 N.Y.S.2d 298

2014 NY Slip Op 24061

In the Matter of MICHAEL W. CARNEY, Petitioner, v. NYS DEPARTMENT OF MOTOR VEHICLES et al., Respondents.

Supreme Court, Albany County.

Decided March 17, 2014.


Attorney(s) appearing for the Case

Dreyer Boyajian, LLP, Albany ( Craig M. Crist and Lauren S. Owens of counsel), for petitioner.

Eric T. Schneiderman , Attorney General, Albany ( Adele Taylor Scott of counsel), for respondents.


OPINION OF THE COURT

HENRY F. ZWACK, J.

Petitioner, Michael W. Carney, filed this CPLR article 78 petition seeking a determination that the respondent New York State Department of Motor Vehicles (DMV), and its Commissioner Barbara J. Fiala, abused its discretion and failed to perform a duty enjoined upon it by law and in violation of petitioner's due process and equal protection rights. Petitioner argues this abuse of discretion and violation of petitioner...

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