Levitsky v. Swarts

Vehicle and Traffic Law § 318 provides that the New York State Department of Motor Vehicles (hereinafter the DMV) is to issue a mandatory suspension of a motor vehicle’s registration when it receives evidentiary proof that the financial security for such a vehicle is no longer in effect (see Matter of Giambra v Commissioner of Motor Vehs. of State of N.Y., 59 AD2d 648 [1977], affd 46 NY2d 743 [1978]; Matter of Stevens v Halts, 41 Misc 2d 168, 169 [1963]).

In September 2010, the petitioner’s insurance company notified the DMV that the insurance on a certain automobile registered to the…