Merced v. Fisher

Petitioner seeks vacatur of an order of this court which, upon its own motion, transferred his appeal to the Appellate Division, Second Department, pursuant to article VI (§ 5, subd b) of the State Constitution (37 NY2d 942).

By an article 78 (CPLR) proceeding, petitioner sought to challenge the constitutionality of section 332 of the Vehicle and Traffic Law. Section 332 authorizes suspension, without a hearing, of a judgment-debtor’s operator’s license and vehicle registration upon certification of his failure to satisfy a judgment for damages sustained in connection with his operation of a…