Simeone v. Jackson

Appellate Division of the Supreme Court of New York

Simeone v. Jackson

256 A.D.2d 348, 681 N.Y.S.2d 758, 1998 N.Y. App. Div. LEXIS 13230

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

DecidedDecember 7, 1998

StatusPublished

This text of 256 A.D.2d 348 (Simeone 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

Simeone v. Jackson, 256 A.D.2d 348, 681 N.Y.S.2d 758, 1998 N.Y. App. Div. LEXIS 13230 (N.Y. Ct. App. 1998).

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Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Appeals Board, dated January 3, 1997, which confirmed a determination of an Administrative Law Judge finding that the petitioner was a habitual or persistent violator of traffic laws, ordinances, rules and/or regulations, and suspending the petitioner’s driver’s license for 180 days.

Adjudged that the petition is granted to the extent that the penalty is vacated, and the matter is remitted to the New York State Commissioner of Motor Vehicles for the imposition of a new penalty which shall not exceed a license suspension for a period of 60 days.

Under the circumstances of this case the 180-day suspension of his driver’s license is shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222), and is therefore excessive to the extent indicated. Rosenblatt, J. P., Miller, Altman and Friedmann, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Appeals Board, dated January 3, 1997, which confirmed a determination of an Administrative Law Judge finding that the petitioner was a habitual or persistent violator of traffic laws, ordinances, rules and/or regulations, and suspending the petitioner’s driver’s license for 180 days.

Adjudged that the petition is granted to the extent that the penalty is vacated, and the matter is remitted to the New York State Commissioner of Motor Vehicles for the imposition of a new penalty which shall not exceed a license suspension for a period of 60 days.

Under the circumstances of this case the 180-day suspension of his driver’s license is shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222), and is therefore excessive to the extent indicated. Rosenblatt, J. P., Miller, Altman and Friedmann, JJ., concur.

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Bluebook (online)

256 A.D.2d 348, 681 N.Y.S.2d 758, 1998 N.Y. App. Div. LEXIS 13230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simeone-v-jackson-nyappdiv-1998.