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MATTER OF E AUTO DISCOUNT, INC. v. SCHROEDER

629 TP 22-00427.

208 A.D.3d 1605 (2022)

175 N.Y.S.3d 392

2022 NY Slip Op 05421

In the Matter of E Auto Discount, Inc., Petitioner, v. Mark J.F. Schroeder, Commissioner, New York State Department of Motor Vehicles, Respondent.

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

Decided September 30, 2022.

Attorney(s) appearing for the Case

LAW OFFICE OF ROBERT D. BERKUN, BUFFALO (PHILIP A. MILCH OF COUNSEL), FOR Petitioner.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (KEVIN C. HU OF COUNSEL), FOR Respondent.

Present—Smith, J.P., Centra, Lindley, Curran and Winslow, JJ.

It is hereby ordered that the determination is unanimously modified on the law and the petition is granted by annulling that part of the determination finding that petitioner violated Vehicle and Traffic Law § 415(9)(c) and vacating the penalty imposed thereon, and as modified the determination is confirmed without costs.

Memorandum: Petitioner, the operator of a registered used automobile dealership, commenced this CPLR article 78 proceeding seeking to annul...

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