Matter of Underwood v Fiala

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Matter of Underwood v Fiala 2015 NY Slip Op 08546 Decided on November 20, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 20, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND VALENTINO, JJ.
1121 CA 15-00482

[*1]IN THE MATTER OF PATRICK J. UNDERWOOD, PETITIONER-RESPONDENT,

v

BARBARA J. FIALA, NEW YORK STATE COMMISSIONER OF MOTOR VEHICLES, RESPONDENT-APPELLANT, AND ERIC T. SCHNEIDERMAN, NEW YORK STATE ATTORNEY GENERAL, RESPONDENT. (APPEAL NO. 1.)



ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (JEFFREY W. LANG OF COUNSEL), FOR RESPONDENT-APPELLANT.

WILLIAM G. PIXLEY, PITTSFORD, FOR PETITIONER-RESPONDENT.



Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered March 10, 2014 in a proceeding pursuant to CPLR article 78. The judgment, insofar as appealed from, annulled a determination denying petitioner's application for relicensing and directed that petitioner's New York State driver's license be restored without restrictions.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051).

Entered: November 20, 2015

Frances E. Cafarell

Clerk of the Court