Kallas v. Jackson

Appellate Division of the Supreme Court of New York

Kallas v. Jackson

284 A.D.2d 535, 727 N.Y.S.2d 327, 2001 N.Y. App. Div. LEXIS 6753

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

DecidedJune 25, 2001

StatusPublished

This text of 284 A.D.2d 535 (Kallas v. Jackson) 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.

Bluebook

Kallas v. Jackson, 284 A.D.2d 535, 727 N.Y.S.2d 327, 2001 N.Y. App. Div. LEXIS 6753 (N.Y. Ct. App. 2001).

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Opinion

—In a proceeding pursuánt to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Appeáls Board, dated September 1, 1999, which confirmed a decision of the New York State Department of Motor Vehicles, made after a hearing, revoking the petitioner’s driver’s license, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Berler, J.), dated March 10, 2000, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner’s contention, the Supreme Court’s determination was based upon a ground which was invoked by the New York State Department of Motor Vehicles in its initial determination (see, Matter of Scherbyn v Wayne-Finger Lakes Bd. of Coop. Educ. Servs., 77 NY2d 753, 758). Accordingly, reversal of the Supreme Court’s judgment is not warranted.

The petitioner’s remaining contentions are without merit. Krausman, J. P., S. Miller, McGinity and Schmidt, JJ., concur.

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—In a proceeding pursuánt to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Appeáls Board, dated September 1, 1999, which confirmed a decision of the New York State Department of Motor Vehicles, made after a hearing, revoking the petitioner’s driver’s license, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Berler, J.), dated March 10, 2000, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner’s contention, the Supreme Court’s determination was based upon a ground which was invoked by the New York State Department of Motor Vehicles in its initial determination (see, Matter of Scherbyn v Wayne-Finger Lakes Bd. of Coop. Educ. Servs., 77 NY2d 753, 758). Accordingly, reversal of the Supreme Court’s judgment is not warranted.

The petitioner’s remaining contentions are without merit. Krausman, J. P., S. Miller, McGinity and Schmidt, JJ., concur.

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Bluebook (online)

284 A.D.2d 535, 727 N.Y.S.2d 327, 2001 N.Y. App. Div. LEXIS 6753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kallas-v-jackson-nyappdiv-2001.

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