Legal Opinion

Paolino v. Swarts

Appellate Division of the Supreme Court of the State of New York

Decided April 10, 2013PublishedCited by 3 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78, in effect, to review a determination of the New York State Department of Motor Vehicles Appeals Board dated March 29, 2011, affirming a determination of an administrative law judge dated September 13, 2010, which, after a hearing, found that the petitioner had violated Vehicle and Traffic Law § 1181 (a) and suspended his driver license for a stated period of time.

Adjudged that the petition is granted, with costs, the determination is annulled, and the penalty imposed is vacated.

On the afternoon of May 13, 2010, the petitioner was driving a dump truck in…

2Cases cited4 opinions

  1. Kelly v. SafirNew York Court of Appeals · 2001
  2. Hildreth v. New York State Department of Motor Vehicles Appeals BoardAppellate Division of the Supreme Court of the State of New York · 2011
  3. Taney v. MeltonAppellate Division of the Supreme Court of the State of New York · 1982
  4. TMG Services, Inc. v. State of New York Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by3 opinions

  1. Matter of Batra v. EganAppellate Division of the Supreme Court of the State of New York · 2020
  2. Matter of DeMichele v. Department of Motor Vehs. of N.Y. StateAppellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Jensen v. New York State Dept. of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2019

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