Vargas v. State

Proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Robert E. Torres, J.], entered September 26, 2011), seeking to annul a determination of respondent New York State Department of Motor Vehicles (DMV), dated January 28, 2011, which, after a hearing, affirmed petitioner’s traffic conviction and imposed a fine of $130, unanimously dismissed, without costs.

Upon exercising our power to review Supreme Court’s order denying respondents’ cross motion to dismiss this proceeding on procedural grounds (see CPLR 7804 [g]; Matter of Wittie…