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MATTER OF MONRO, INC. v. NEW YORK STATE DEPT. OF MOTOR VEHS.

363 TP 21-01514.

207 A.D.3d 1148 (2022)

171 N.Y.S.3d 709

2022 NY Slip Op 04460

In the Matter of Monro, Inc., Doing Business as Monro Muffler Brake, et al., Petitioners, v. New York State Department of Motor Vehicles, Respondent.

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

Decided July 8, 2022.

Attorney(s) appearing for the Case

HEISMAN NUNES & HULL LLP, ROCHESTER ( RONALD G. HULL OF COUNSEL), FOR Petitioners.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( OWEN DEMUTH OF COUNSEL), FOR Respondent.

Present —Whalen, P.J., Smith, Peradotto, NeMoyer and Winslow, JJ.

It is hereby ordered that the determination is unanimously annulled on the law without costs and the petition is granted.

Memorandum: In this proceeding pursuant to CPLR article 78, petitioners, Monro, Inc., doing business as Monro Muffler Brake (Monro), and Randy C. York, seek to annul the determination of respondent following a hearing that, inter alia, revoked Monro's inspection station license for one of its facilities and York's certification to perform New York...

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