Marohn v. Van Lindt

Appellate Division of the Supreme Court of New York

Marohn v. Van Lindt

100 A.D.2d 606, 473 N.Y.S.2d 560, 1984 N.Y. App. Div. LEXIS 17588

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

DecidedMarch 20, 1984

StatusPublished

Cited by1 cases

This text of 100 A.D.2d 606 (Marohn v. Van Lindt) 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

Marohn v. Van Lindt, 100 A.D.2d 606, 473 N.Y.S.2d 560, 1984 N.Y. App. Div. LEXIS 17588 (N.Y. Ct. App. 1984).

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Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the appellants suspending petitioner’s license as a harness racing trainer driver, pending a hearing, the appeal, as limited by the appellants’ brief, is from so much of a judgment of the Supreme Court, Nassau County (Morrison, J.), entered February 17, 1984, as vacated their summary suspension of petitioner’s license. 11 Judgment reversed insofar as appealed from, on the law, without costs or disbursements, determination confirmed, proceeding dismissed on the merits and prehearing summary suspension reinstated. 11 Under the circumstances, and particularly because the stated conditions for the withdrawal of an earlier suspension constituted a caveat against the ingestion of drugs, there was sufficient basis for the appellants’ finding, pursuant to section 401 of the New York State Administrative Procedure Act, that the public health, safety or welfare imperatively required the emergency action of summary suspension of the petitioner’s license pending a hearing (cf. Matter of Saumell v New York Racing Assn., 58 NY2d 231). Lazer, J. P., Mangano, Gibbons and Niehoff, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the appellants suspending petitioner’s license as a harness racing trainer driver, pending a hearing, the appeal, as limited by the appellants’ brief, is from so much of a judgment of the Supreme Court, Nassau County (Morrison, J.), entered February 17, 1984, as vacated their summary suspension of petitioner’s license. 11 Judgment reversed insofar as appealed from, on the law, without costs or disbursements, determination confirmed, proceeding dismissed on the merits and prehearing summary suspension reinstated. 11 Under the circumstances, and particularly because the stated conditions for the withdrawal of an earlier suspension constituted a caveat against the ingestion of drugs, there was sufficient basis for the appellants’ finding, pursuant to section 401 of the New York State Administrative Procedure Act, that the public health, safety or welfare imperatively required the emergency action of summary suspension of the petitioner’s license pending a hearing (cf. Matter of Saumell v New York Racing Assn., 58 NY2d 231). Lazer, J. P., Mangano, Gibbons and Niehoff, JJ., concur.

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Bluebook (online)

100 A.D.2d 606, 473 N.Y.S.2d 560, 1984 N.Y. App. Div. LEXIS 17588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marohn-v-van-lindt-nyappdiv-1984.

Opinion

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