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

2015-06179, Index No. 1957/15.

142 A.D.3d 668 (2016)

36 N.Y.S.3d 720

In the Matter of JANE HICKEY, Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent.

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

Decided August 24, 2016.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner's contention, the New York State Department of Motor Vehicles Administrative Appeals Board properly refused to consider the petitioner's hospital records since they were not submitted to or considered by the administrative law judge at the hearing (see 15 NYCRR 155.4; Matter of Tornheim v Appeals Bd....

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