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MATTER OF AAC AUTO SERVICE v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES

5037, 260997/14.

155 A.D.3d 539 (2017)

64 N.Y.S.3d 538

2017 NY Slip Op 08307

In the Matter of AAC AUTO SERVICE et al., Respondents, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES et al., Appellants.

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

Decided November 28, 2017.

The imposition of a civil penalty upon both Arteaga, in his capacity as a certified motor vehicle inspector, and petitioner AAC Auto Service, in its distinct capacity as a licensed official inspection station, for violations arising from the same conduct does not constitute a prohibited double fine (see Vehicle and Traffic Law § 303 [h]; Matter of GR Auto & Truck Repair v New York State Dept. of Motor Vehs.,...

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