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MATTER OF BRADY v. DEPARTMENT OF MOTOR VEHICLES

278 A.D.2d 233 (2000)

717 N.Y.S.2d 906

In the Matter of JOHN BRADY, Respondent, v. DEPARTMENT OF MOTOR VEHICLES et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 4, 2000.

Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, and the proceeding is dismissed on the merits.

The Supreme Court erred in concluding that the respondent Department of Motor Vehicles (hereinafter the DMV) exceeded its authority by "prosecuting" the petitioner for a violation of Vehicle and Traffic Law § 392. Pursuant to Vehicle and Traffic Law § 510, the DMV had the authority to suspend the petitioner's driver...

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