Legal Opinion
Carney v. NYS Department of Motor Vehicles
New York Supreme Court
Decided March 17, 2014PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Henry F. Zwack, J.
Petitioner, Michael W. Carney, filed this CPLR article 78 petition seeking a determination that the respondent New York State Department of Motor Vehicles (DMV), and its Commissioner Barbara J. Fiala, abused its discretion and failed to perform a duty enjoined upon it by law and in violation of petitioner’s due process and equal protection rights. Petitioner argues this abuse of discretion and violation of petitioner’s rights occurred as a result of the DMV’s improper and illegal adoption of administrative regulations which violate his constitutional…
2Cases cited14 opinions
- Boreali v. AxelrodNew York Court of Appeals · 1987
- Consolation Nursing Home, Inc. v. Commissioner of New York State Department of HealthNew York Court of Appeals · 1995
- Sullivan County Harness Racing Ass'n v. GlasserNew York Court of Appeals · 1972
- Barton Trucking Corp. v. O'ConnellNew York Court of Appeals · 1959
- Cubas v. MartinezNew York Court of Appeals · 2007
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3Cited by2 opinions
- Carney v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2015
- Carney v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2015