Kelly v. Commissioner of Motor Vehicles

Appeal from a judgment of the Supreme Court (Bradley, J.), entered January 13, 1989 in Ulster County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent revoking petitioner’s driver’s license.

Initially, we note that this proceeding should have been immediately transferred to this court by Supreme Court (see, CPLR 7804 [g]; Matter of Pratt v Melton, 72 AD2d 887, affd 51 NY2d 837). Supreme Court improperly made findings of fact contrary to those of the Administrative Law Judge.

Review of the record demonstrates that the…