New York

CASES
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  • Bautista v. City of New York, 81 A.D.3d 472 (2011)
    Licensee commenced Article 78 proceeding challenging city taxi and limousine commission's revocation of his for-hire vehicle driver's license and imposition of fines. The Supreme Court, New York County, transferred proceeding. The Supreme Court, Appellate Division, held that substantial evidence supported city taxi and limousine commission's revocation of for-hire vehicle driver's license. Petition denied.
  • Cravatta v. New York State Dept. of Transp., 77 A.D.3d 1399 (2010)
    Former Department of Transportation employee filed petition seeking to annul determination terminating him from position of highway maintenance worker. The Supreme Court, Erie County, granted the petition in part, and Department appealed. The Supreme Court, Appellate Division, held that termination of employee was not disciplinary in nature and thus was subject to neither arbitration clause in collective bargaining agreement nor provision of Civil Service Law governing removal or other disciplinary action. Reversed.
  • Dempsey v. New York City Dept. of Educ., 108 A.D.3d 454 (2013)
    Petitioner commenced proceeding under Article 78, seeking to annul determination of city department of education denying his request for certification as a school bus driver. The Supreme Court, New York County, granted the petition. Department appealed. The Supreme Court, Appellate Division, held that department's determination was not arbitrary and unreasonable, an abuse of discretion, or contrary to law. Reversed and remanded.
  • Hildreth v. New York State Dept. of Motor Vehicles Appeals Bd., 83 A.D.3d 838 (2011)
    Motorist brought article 78 proceeding to review a determination of the State Department of Motor Vehicles Appeals Board, upholding revocation of his driver's license for refusal to submit to a chemical bloodalcohol test. The Supreme Court, Appellate Division, held that: [1] evidence was sufficient to support ALJ's finding that motorist was driving on a “public highway,” and [2] motorist was not prejudiced by delay of more than six months in holding chemical test refusal hearing following his arrest. Determination confirmed and proceeding dismissed.
  • In re Hawkins, 71 A.D.3d 1215 (2010)
    Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 27, 2009, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.
  • Lutz v. Krokoff, 102 A.D.3d 146 (2012)
    Former police officer, who was fired after his driver's license was revoked for failing to submit to a chemical test following an arrest for driving while intoxicated, brought an Article 78 proceeding challenging the summary termination of his employment. The Supreme Court, Albany County, 35 Misc.3d 841, 942 N.Y.S.2d 775, dismissed, and the officer appealed. The Supreme Court, Appellate Division, held that possession of a valid driver's license was not an express condition or requirement of the officer's employment, as required for summary termination. Reversed.
  • Matter of Berlin v New York State Dept. of Motor Vehs., 80 A.D.3d 911 (2011)
    The issues to be determined by the ALJ at the license revocation hearing were limited to whether the police officer had reasonable grounds to believe that petitioner had been operating a vehicle in violation of Vehicle and Traffic Law § 1192, whether the officer made a lawful arrest of petitioner, whether the warnings with regard to the consequences of refusal to take the chemical test were sufficient and whether petitioner refused to take such test.
  • Vaeth v. NYS Dept. of Motor Vehicles, 83 A.D.3d 460 (2011)
    Department of Motor Vehicles (DMV) suspended truck driver's license. Proceeding pursuant to article 78, the Supreme Court, Appellate Division, held that finding by DMV was supported by substantial evidence that truck driver violated statute prohibiting driving at a speed greater than was reasonable and prudent under the conditions, warranting suspension of his license after crash; driver admitted he was driving his tractor-trailer at a speed of 50 to 55 miles per hour while the road was wet and it was raining and dark, and driver's truck hit a disabled vehicle stopped in a breakdown lane, killing one passenger and injuring another. Dismissed.
STATUTES

Adoption of Federal Regulations

What Constitutes a CMV

Major Disqualifying Offenses

Major Disqualifying Offenses (Alcohol)

Serious Traffic Offenses

Identification of Conviction

Masking Convictions

  • No reference.

10-Day Posting Requirement

Other CDL Provisions