Cannings v. State of New York Department of Motor Vehicles Appeals Board

Order, Supreme Court, New York County (Alice Schlesinger, J), entered February 8, 2010, which, in a proceeding pursuant to CPLR article 78 to annul respondent’s June 1, 2009 determination affirming petitioner’s speeding conviction, granted the petition to the extent of remanding the matter for further proceedings before a different administrative law judge, unanimously affirmed, without costs.

Transfer to this Court was properly denied by the IAS court because petitioner’s due process claims “are dispositive and sufficient to ‘terminate’ this proceeding within the meaning of CPLR 7804 (g)”…