Empire Auto Care, Inc. v. New York State Department of Motor Vehicles

Appellate Division of the Supreme Court of New York

Empire Auto Care, Inc. v. New York State Department of Motor Vehicles

55 A.D.3d 730, 864 N.Y.S.2d 785

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

DecidedOctober 14, 2008

StatusPublished

Cited by2 cases

This text of 55 A.D.3d 730 (Empire Auto Care, Inc. v. New York State Department of Motor Vehicles) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Empire Auto Care, Inc. v. New York State Department of Motor Vehicles, 55 A.D.3d 730, 864 N.Y.S.2d 785 (N.Y. Ct. App. 2008).

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Opinion

pursuant to CPLR article 78 to review so much of a determination of the New York State Department of Motor Vehicles Appeals Board dated August 28, 2007, as affirmed so much of a determination of an Administrative Law Judge dated May 24, 2006, as, after a hearing, upon finding that the petitioner violated Vehicle and Traffic Law § 303 (e) (1), (3), and 15 NYCRR 79.12 (f), revoked the petitioner’s inspection station license.

Adjudged that the determination is confirmed insofar as reviewed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

[731]*731Under the circumstances of this case, the imposition of the penalty of revocation of the petitioner’s inspection station license was not so disproportionate to the offenses committed so as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 [1974]). Lifson, J.P., Ritter, Miller and Balkin, JJ., concur.

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pursuant to CPLR article 78 to review so much of a determination of the New York State Department of Motor Vehicles Appeals Board dated August 28, 2007, as affirmed so much of a determination of an Administrative Law Judge dated May 24, 2006, as, after a hearing, upon finding that the petitioner violated Vehicle and Traffic Law § 303 (e) (1), (3), and 15 NYCRR 79.12 (f), revoked the petitioner’s inspection station license.

Adjudged that the determination is confirmed insofar as reviewed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

[731]*731Under the circumstances of this case, the imposition of the penalty of revocation of the petitioner’s inspection station license was not so disproportionate to the offenses committed so as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 [1974]). Lifson, J.P., Ritter, Miller and Balkin, JJ., concur.

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Bluebook (online)

55 A.D.3d 730, 864 N.Y.S.2d 785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/empire-auto-care-inc-v-new-york-state-department-of-motor-vehicles-nyappdiv-2008.

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