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RESCH v. STATE

9231, 161701/15.

172 A.D.3d 460 (2019)

100 N.Y.S.3d 13

2019 NY Slip Op 03543

Susan Weinman Resch et al., Appellants, v. State of New York et al., Respondents.

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

Decided May 7, 2019.

Plaintiffs have failed to state a claim that Vehicle and Traffic Law § 236 (2) (d)'s provision that hearing examiners of a municipality's parking violations bureau "shall not be considered employees of the city in which the administrative tribunal has been established" is unconstitutional.

Since plaintiffs have not identified a State law or regulation independent of the Constitution that confers upon them a property...

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