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MATTER OF POGORZELSKA v. NEW YORK STATE DEPT. OF MOTOR VEHS.

2015-04373, Index No. 12398/14.

137 A.D.3d 796 (2016)

27 N.Y.S.3d 54

2016 NY Slip Op 01497

In the Matter of MARZENA POGORZELSKA et al., Appellants, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent.

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

Decided March 2, 2016.

Ordered that the appeal is dismissed and the judgment is vacated; and it is further,

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits; and it is further,

Ordered that one bill of costs is awarded to the respondent.

Since the petition, in effect, raises a question of whether the challenged determination is supported by substantial evidence, the Supreme Court should have transferred the...

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