Miller v. Department of Motor Vehicles

—Spain, J.

Appeal from a judgment of the Supreme Court (Bradley, J.), entered May 4, 1995 in Sullivan County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to dismiss an administrative proceeding initiated by respondent charging petitioner with violating provisions of the Vehicle and Traffic Law.

Petitioner operates an automobile repair business in Sullivan County. In March 1993, respondent served petitioner with a notice charging him with violating provisions of the Vehicle and Traffic Law in connection with repairs made to a certain automobile in 1992. A…