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MATTER OF LINKSMAN v. NEW YORK STATE DEPT. OF MOTOR VEHICLES

2020-01459. Index No. 2587/19.

218 A.D.3d 685 (2023)

193 N.Y.S.3d 202

2023 NY Slip Op 03865

In the Matter of Charles Linksman, Petitioner, v. New York State Department of Motor Vehicles et al., Respondents.

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

Decided July 19, 2023.

Attorney(s) appearing for the Case

Charles Linksman, Brooklyn, NY, appellant pro se.

Letitia James , Attorney General, New York, NY ( Steven C. Wu and David Lawrence III of counsel), for respondent.

Miller, J.P., Christopher, Warhit and Wan, JJ., concur.

Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Administrative Appeals Board dated May 13, 2019, affirming a determination of an administrative law judge dated November 14, 2018, which, after a hearing, found that the petitioner violated Vehicle and Traffic Law § 1225-d by operating a motor vehicle while using a portable electronic device and imposed a fine, plus a surcharge.

Adjudged that the...

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