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MATTER OF CORBETT v. SCHROEDER

1030 CA 22-01094.

214 A.D.3d 1407 (2023)

185 N.Y.S.3d 856

2023 NY Slip Op 01450

In the Matter of David Kevin D. Corbett, Appellant, v. Mark J.F. Schroeder, Commissioner, New York State Department of Motor Vehicles, Respondent.

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

Decided March 17, 2023.

Attorney(s) appearing for the Case

THE ABBATOY LAW FIRM, PLLC, ROCHESTER ( DAVID M. ABBATOY, JR. , of counsel), FOR PETITIONER-APPELLANT.

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

Present— Smith, J.P., Peradotto, Bannister, Montour and Ogden, JJ.

Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (John J. Ark, J.), entered February 10, 2022, in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from is unanimously vacated, the determination is confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78...

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