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

2018-09137, Index No. 67675/17.

176 A.D.3d 707 (2019)

112 N.Y.S.3d 207

2019 NY Slip Op 07069

In the Matter of Ronald H. Jensen, Petitioner, v. New York State Department of Motor Vehicles, Respondent.

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

Decided October 2, 2019.

Attorney(s) appearing for the Case

Edelstein & Grossman, New York, NY (Jonathan I. Edelstein of counsel), for petitioner.

Letitia James, Attorney General, New York, NY (Steven C. Wu, Mark H. Shawhan, and David Lawrence of counsel), for respondent.

Chambers, J.P., Austin, Roman and Iannacci, JJ., concur.

Adjudged that the petition is granted, on the law, with costs, the determination dated August 29, 2017, is annulled, and the penalty imposed is vacated.

On December 12, 2015, a motorcycle driven by Sean Peterson (hereinafter the decedent) collided with a motor vehicle operated by the petitioner at the intersection of Route 9A and Old Saw Mill River Road in Westchester County. The petitioner was turning left from the southbound side of Route 9A onto Old Saw Mill River...

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