MATTER OF CLAPP v. FIALA

2016-06976 Index No. 31662/16.

160 A.D.3d 947 (2018)

72 N.Y.S.3d 461

2018 NY Slip Op 02778

In the Matter of George R. Clapp, Petitioner, v. Barbara J. Fiala, as Commissioner of Motor Vehicles of the State of New York, Respondent.

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

Decided April 25, 2018.


Adjudged that the petition is granted, on the law, without costs or disbursements, to the extent that so much of the determination dated March 29, 2016, as affirmed the penalty imposed is vacated, the petition is otherwise denied, the determination dated March 29, 2016, is otherwise confirmed, the proceeding is otherwise dismissed on the merits, and the matter is remitted to the Commissioner of Motor Vehicles for the imposition of a new penalty which shall not exceed a suspension...

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