TORNHEIM v. FIALA

2015-02210, Index No. 1476/14.

136 A.D.3d 797 (2016)

25 N.Y.S.3d 290

2016 NY Slip Op 00962

YEHUDA TORNHEIM, Appellant, v. BARBARA J. FIALA, as Commissioner of the New York State Department of Motor Vehicles, Respondent.

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

Decided February 10, 2016.


In a hybrid action for a judgment declaring that the plaintiff/petitioner is entitled to a new restricted use driver license, and proceeding pursuant to CPLR article 78 to compel the defendant/respondent to issue such a license to the plaintiff/petitioner, the plaintiff/petitioner appeals from an order and judgment (one paper) of the Supreme Court, Rockland County (Alfieri, Jr., J.), dated January 7, 2015, which granted the defendant/respondent's motion to dismiss the complaint...

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