Smith Pontiac-GMC v. Commissioner of the Department of Motor Vehicles

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme *934Court, entered in Albany County) to review a determination of respondent Commissioner of Motor Vehicles which, inter alia, found that petitioner violated Vehicle and Traffic Law § 417.

Petitioner brought this CPLR article 78 proceeding to review a determination of respondent Commissioner of Motor Vehicles that petitioner violated Vehicle and Traffic Law § 417 by falsely certifying that a motor vehicle which it sold was, under normal use, in condition to render satisfactory service upon the public highway.…