Legal Opinion
Carney v. New York State Department of Motor Vehicles
Appellate Division of the Supreme Court of the State of New York
Decided November 25, 2015Published
1Opinion of the CourtRose, J.
Appeal from a judgment of the Supreme Court (Zwack, J.), entered April 4, 2014 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to, among other things, review a determination of respondent Department of Motor Vehicles denying petitioner’s application for a driver’s license.
Petitioner was convicted of driving while intoxicated in 2011. Although it was his sixth conviction for an alcohol-related driving offense, he was treated as a first time offender under the Vehicle and Traffic Law because he had not been convicted of a *1151similar offense…
2Cases cited8 opinions
- Boreali v. AxelrodNew York Court of Appeals · 1987
- Kovarsky v. Housing & Development AdministrationNew York Court of Appeals · 1972
- General Electric Capital Corp. v. New York State Division of Tax AppealsNew York Court of Appeals · 2004
- James Square Associates LP v. MullenNew York Court of Appeals · 2013
- Matter of Acevedo v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2015
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