MATTER OF PEPE v. NEW YORK STATE DEPT. OF MOTOR VEHICLES

2018-07197. Index No. 4549/17.

175 A.D.3d 691 (2019)

109 N.Y.S.3d 194

2019 NY Slip Op 06397

In the Matter of Michael Pepe, Petitioner, v. New York State Department of Motor Vehicles et al., Respondents.

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

Decided August 28, 2019.


Adjudged that the petition is granted, on the law, with costs, the determination dated July 25, 2017, is annulled, and the penalty imposed is vacated.

The New York State Department of Motor Vehicles held a hearing to investigate a fatal accident that occurred on January 16, 2014, when a vehicle driven by the petitioner crossed into oncoming traffic and was involved in a head-on collision that resulted in the death of another motorist. The evidence at the hearing established...

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