Legal Opinion
Failing v. Fiala
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 2013PublishedCited by 2 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Appeals Board dated December 27, 2011, affirming a determination of an administrative law judge dated March 31, 2011, which, after a hearing, suspended the petitioner’s driving privileges for a period of one year, the appeal is from a judgment of the Supreme Court, Rockland County (Berliner, J.), dated May 29, 2012, which granted the petition to the extent of reducing the suspension to a period of 180 days.
Ordered that the judgment is reversed, on the law, with costs, the…
2Cases cited6 opinions
- Kelly v. SafirNew York Court of Appeals · 2001
- Kreisler v. New York City Transit AuthorityNew York Court of Appeals · 2004
- Kearney v. Village of Cold Spring Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2011
- Montagnino v. FialaAppellate Division of the Supreme Court of the State of New York · 2013
- Rosenhauch v. SwartsAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by2 opinions
- Matter of Gazda v. New York State Dept. of Motor Vehs.Appellate Division of the Supreme Court of the State of New York · 2018
- Matter of Margolis v. York State Dept. of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2019