Legal Opinion

Gaebel v. New York State Department of Motor Vehicles

New York Supreme Court

Decided November 27, 2013PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Mark M. Meddaugh, J.

The petitioner has applied to this court for a declaration that *188the provisions of 15 NYCRR parts 134 through 136 are affected by an error of law, are arbitrary and capricious and an abuse of discretion. The regulations at issue allow the Department of Motor Vehicles (DMV) to revoke a person’s driver’s license, permanently or for an extended period of time, due to a history of alcohol-related driving offenses. The petitioner also seeks an order restoring the petitioner’s driving privileges, and such other and further relief as this court finds just and…

2Cases cited24 opinions

Bell v. BursonSupreme Court of the United States · 1971
Dunn v. BlumsteinSupreme Court of the United States · 1972
Calder v. BullSupreme Court of the United States · 1798
Smith v. DoeSupreme Court of the United States · 2003
Hamptons Hospital & Medical Center, Inc. v. MooreNew York Court of Appeals · 1981

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3Cited by1 opinion

Brown v. New York State Department of Motor VehiclesNew York Supreme Court · 2014