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MATTER OF KALLAS v. JACKSON, JR.

284 A.D.2d 535 (2001)

727 N.Y.S.2d 327

In the Matter of DANOS H. KALLAS, Appellant, v. RICHARD E. JACKSON, JR., Commissioner of the Department of Motor Vehicles, State of New York, Respondent.

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

Decided June 25, 2001.

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 N.Y.2d 753, 758). Accordingly, reversal of the Supreme Court's judgment is not warranted.

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