Legal Opinion

Failing v. Fiala

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

Decided November 13, 2013Published

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Appeals Board dated December 27, 2011, affirming a determination of an administrative law judge dated March 31, 2011, which, after a hearing, suspended the petitioner’s driving privileges for a period of one year, the appeal is from a judgment of the Supreme Court, Rockland County (Berliner, J.), dated May 29, 2012, which granted the petition to the extent of reducing the suspension to a period of 180 days.

Ordered that the judgment is reversed, on the law, with costs, the…

2Cases cited6 opinions

  1. Kelly v. SafirNew York Court of Appeals · 2001
  2. Kreisler v. New York City Transit AuthorityNew York Court of Appeals · 2004
  3. Kearney v. Village of Cold Spring Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2011
  4. Montagnino v. FialaAppellate Division of the Supreme Court of the State of New York · 2013
  5. Rosenhauch v. SwartsAppellate Division of the Supreme Court of the State of New York · 2011

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