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1
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OPINION
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EXTRACTED KEY WORDS
VEHICLE LICENSE TRAFFIC LAW DETERMINATION SUSPENSION VIOLATING APPELLANT COURT PROCEEDING ALJ JUDGE CONNECTION AFFIRM MEMORANDUM MOTOR VEHICLES MATTER CONVICTION CPLR PURSUANT APPEALS DECEPTION DMV COSTS APPELLATE DIVISION YORK RESPONDENTS JOHN CONTENTIONS LACK MERIT AD2D |
2 No. 41
In the Matter of John Brady,
Appellant,
v.
Department of Motor Vehicles et al.,
Respondents.
_________________________________________________________________
2002 NY Int. 38
April 25, 2002
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
John J. Budnick, for appellant.
Robert H. Easton, for respondents.
_________________________________________________________________
_________________________________________________________________
MEMORANDUM:
The order of the Appellate Division should be affirmed, with costs.
The Department of Motor Vehicles (DMV) charged petitioner with
violating Vehicle and Traffic Law § 392, which provides that "(a)ny
person * * * who shall deceive * * * in connection with any
examination * * * shall be guilty of a misdemeanor." Following a
hearing, an Administrative Law Judge (ALJ) found that petitioner
committed such deception in connection with the written portion of a
Commercial Driver's License test when, contrary to DMV's test
procedures and explicit directions, he left the testing area with the
test materials, giving rise to a risk of their illegal use. The ALJ
found this constituted "cheating" and "attempt(ing) to gain an unfair
advantage," and suspended petitioner's driver's license for 60 days.
The DMV Board of Appeals confirmed the ALJ's determination.
Petitioner then commenced this proceeding pursuant to CPLR article 78.
Supreme Court granted the petition and annulled the determination. The
Appellate Division reversed, confirmed the determination and dismissed
the proceeding, with two Justices dissenting (278 2 233). Petitioner
appeals as of right pursuant to CPLR 5601(a) , and we now affirm.
With some exceptions, drivers' licenses may be suspended or revoked
for any violation of the Vehicle and Traffic Law, and "a court
conviction shall not be necessary to sustain a revocation or
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