Hildreth v. New York State Department of Motor Vehicles Appeals Board
Cases that cite this one
24 later published cases cite this decision.
- Baldwin v. Fiala (Appellate Division of the Supreme Court of New York 2013)
- Baldwin v. Fiala (Appellate Division of the Supreme Court of New York 2013)
- Mannino v. Department of Motor Vehicles (Appellate Division of the Supreme Court of New York 2012)
- Mannino v. Department of Motor Vehicles (Appellate Division of the Supreme Court of New York 2012)
- Wagner v. Fiala (Appellate Division of the Supreme Court of New York 2014)
- Wagner v. Fiala (Appellate Division of the Supreme Court of New York 2014)
- Matter of Parking Expert, Inc. v. City of New York (Appellate Division of the Supreme Court of New York 2023)
- Matter of Parking Expert, Inc. v. City of New York (Appellate Division of the Supreme Court of New York 2023)
- Matter of Khan v. New York State Dept. of Motor Vehicles (Appellate Division of the Supreme Court of New York 2023)
- Matter of Paladino v. Board of Educ. for the City of Buffalo Pub. Sch. Dist. (Appellate Division of the Supreme Court of New York 2020)
- Matter of Lamb v. Egan (Appellate Division of the Supreme Court of New York 2017)
- Matter of Rosulo v. State of N.Y. Dept. of Motor Vehs. (Appellate Division of the Supreme Court of New York 2017)
- Matter of DeMichele v. Department of Motor Vehs. of N.Y. State (Appellate Division of the Supreme Court of New York 2016)
- Matter of Pandora Realty, LLC v. New York City Envtl. Control Bd. (Appellate Division of the Supreme Court of New York 2016)
- Matter of Hickey v. New York State Dept. of Motor Vehs. (Appellate Division of the Supreme Court of New York 2016)
- Paolino v. Swarts (Appellate Division of the Supreme Court of New York 2013)
- Paolino v. Swarts (Appellate Division of the Supreme Court of New York 2013)
- Solano v. City of Mount Vernon (Appellate Division of the Supreme Court of New York 2013)
- Solano v. City of Mount Vernon (Appellate Division of the Supreme Court of New York 2013)
- Miserendino v. City of Mount Vernon (Appellate Division of the Supreme Court of New York 2012)
- Miserendino v. City of Mount Vernon (Appellate Division of the Supreme Court of New York 2012)
- Livulpi v. Swarts (Appellate Division of the Supreme Court of New York 2012)
- Livulpi v. Swarts (Appellate Division of the Supreme Court of New York 2012)
- R. Bertil Peterson v. State (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
On May 24, 2008, the petitioner was arraigned on charges of refusal to submit to a chemical blood-alcohol test (see Vehicle and Traffic Law § 1194 [2]) following his arrest on suspicion of driving while intoxicated. Pursuant to Vehicle and Traffic Law § 1194 (2) (b) (3), the petitioner’s driver’s license was suspended pending a revocation hearing; however, the next day, the New York State Department of Motor Vehicles (hereinafter the DMV) stayed the suspension until the hearing date. On January 9, 2009, after a hearing, an Administrative Law Judge (hereinafter the ALJ) found that the statutory conditions mandating administrative revocation of the petitioner’s license were met (see Vehicle and Traffic Law § 1194 [2] [c]), and revoked the petitioner’s driving privileges for a period of one year. The petitioner appealed to the DMV’s Appeals Board, and the revocation of his license was again stayed pending the determination. The Appeals Board upheld the ALJ’s decision. Thereafter, the petitioner commenced this CPLR article 78 proceeding to review the determination revoking the license. We deny the petition and dismiss the proceeding.
“ ‘In order to annul an administrative determination made after a hearing, a court must conclude that the record lacks substantial evidence to support the determination’ ” (Matter of Ammann v Odestick, 73 AD3d 915, 915 [2010], quoting Matter of Ward v Juettner, 63 AD3d 748, 748 [2009]; see Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]). Substantial evidence is “such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact” (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180 [1978]). “ ‘The courts may not weigh the evidence or reject the choice made by [an administrative agency] where the evidence is conflicting and room for choice exists’ ” (Matter of Berenhaus v Ward, 70 NY2d 436, 444 [1987], quoting Matter of Stork Rest. v Boland, 282 NY 256, 267 [1940]; see Matter of Scara-Mix, Inc. v Martinez, 305 AD2d 418 [2003]).
We also reject the petitioner’s claim that the proceeding should have been dismissed for failure to hold a hearing within a reasonable time as required under the State Administrative Procedure Act § 301 or within six months from the date the DMV received notice of his chemical test refusal as required under 15 NYCRR 127.2 (b) (2). Time limitations imposed on administrative agencies by their own regulations are not mandatory (see Matter of Dickinson v Daines, 15 NY3d 571, 575 [2010]). Absent a showing of substantial prejudice, a petitioner is not entitled to relief for an agency’s noncompliance (id. at 577). Accordingly, a petitioner must demonstrate substantial prejudice in order to challenge a delayed chemical test refusal hearing under section 301 (1) of the State Administrative Procedure Act (see Matter of Geary v Commissioner of Motor Vehs. of State of N.Y., 92 AD2d 38, 40 [1983], affd 59 NY2d 950 [1983]; Matter of Pitta v Commissioner of Motor Vehs. of State of N.Y., 121 AD2d 545 [1986]; Matter of Correale v Passidomo, 120 AD2d 525 [1986]). As the petitioner retained his driving privileges while awaiting the hearing, he was not prejudiced by the delay (see Matter of Geary v Commissioner of Motor Vehs. of State of N.Y., 92 AD2d at 40; Matter of Pitta v Commissioner of Motor Vehs. of State of N.Y., 121 AD2d at 545; Matter of Mullen v New York State Dept. of Motor Vehs., 144 AD2d 886, 888 [1988]).
Unlike the constitutional right to confrontation in criminal matters, parties in administrative proceedings have only a limited right to cross-examine adverse witnesses as a matter of due process (see Matter of Gordon v Brown, 84 NY2d 574, 578 [1994]; Matter of Sookhu v Commissioner of Health of State of
The petitioner’s remaining contention is without merit. Rivera, J.P., Dickerson, Lott and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.