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MATTER OF FISHER v. ADMINISTRATIVE APPEALS BOARD OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES

1287 TP 15-00834.

134 A.D.3d 1423 (2015)

21 N.Y.S.3d 668

2015 NY Slip Op 09480

In the Matter of ELAINE D. FISHER, Petitioner, v. ADMINISTRATIVE APPEALS BOARD OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES et al., Respondents.

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

Decided December 23, 2015.

It is hereby ordered that the order transferring this proceeding is unanimously vacated without costs and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Petitioner commenced this CPLR article 78 proceeding challenging the suspension of her driver's license after she failed or refused to submit to an examination to determine her qualifications to operate a motor vehicle pursuant to Vehicle and Traffic...

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