Legal Opinion
Kirk v. Department of Motor Vehicles
Appellate Division of the Supreme Court of the State of New York
Decided October 6, 2005PublishedCited by 1 opinion
1Opinion of the Court
Determination of respondent Department of Motor Vehicles, dated July 12, 2004, finding that petitioner made an illegal U-turn in violation of Ve*241hiele and Traffic Law § 1110 (a), and imposing a penalty of two points on her license and a fine of $70, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Kibbie F. Payne, J.], entered December 27, 2004) dismissed, without costs.
The proceeding must be dismissed as against the State of New York, which is not a “body or officer” within…
2Cases cited5 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Berenhaus v. WardNew York Court of Appeals · 1987
- Warder v. Board of RegentsNew York Court of Appeals · 1981
- Grossberg v. ChristianAppellate Division of the Supreme Court of the State of New York · 1997
- Capruso v. New York State PoliceAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by1 opinion
- Vargas v. StateAppellate Division of the Supreme Court of the State of New York · 2012