Herskovic v. New York State Department of Motor Vehicles

No basis exists for annulling the determination of the New York State Department of Motor Vehicles Appeals Board (hereinafter the Appeals Board) limiting the petitioner’s administrative appeal from a determination of an Administrative Law Judge (hereinafter the ALJ) to whether the penalty imposed was excessive (see CPLR 7803 [3]; see also Vehicle and Traffic Law § 228 [2] [b], [c]; 15 NYCRR 126.2 [c]). Accordingly, the Supreme Court properly denied that branch of the petition which was to annul the Appeals Board’s determination limiting the petitioner’s administrative appeal to the issue of…