MTR OF ACEVEDO v. STATE DMV

520060.

132 A.D.3d 112 (2015)

14 N.Y.S.3d 790

2015 NY Slip Op 06467

In the Matter of KEVIN B. ACEVEDO, Appellant, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES et al., Respondents.

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

Decided August 6, 2015.


Attorney(s) appearing for the Case

Gerstenzang, O'Hern, Sills & Gerstenzang, Albany ( Eric H. Sills of counsel), for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Jeffrey W. Lang of counsel), for respondents.

LAHTINEN and McCARTHY, JJ., concur with PETERS, P.J.; LYNCH, J., dissents in a separate opinion in which GARRY, J., concurs.


OPINION OF THE COURT

Appeal from a judgment of the Supreme Court (Ceresia Jr., J.), entered March 12, 2014 in Albany County, which dismissed petitioner's application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to, among other things, review a determination of respondent Department...

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