Matter of Arrazola v State of N.Y. Dept. of Motor Vehs., Appeals Bd.

Matter of Arrazola v State of N.Y. Dept. of Motor Vehs., Appeals Bd. 2015 NY Slip Op 04953 Decided on June 12, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 12, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, SCONIERS, AND DEJOSEPH, JJ.
311 CA 14-01401

[*1]IN THE MATTER OF ELENA ARRAZOLA, PETITIONER-APPELLANT,

v

STATE OF NEW YORK DEPARTMENT OF MOTOR VEHICLES, APPEALS BOARD, RESPONDENT-RESPONDENT.

Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered October 9, 2013 in a proceeding pursuant to CPLR article 78. The judgment confirmed the determination of respondent to deny the application of petitioner for a driver's license and dismissed the petition.

PHETERSON SPATORICO LLP, ROCHESTER (KAMRAN HASHMI OF COUNSEL), FOR PETITIONER-APPELLANT.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (JONATHAN D. HITSOUS OF COUNSEL), FOR RESPONDENT-RESPONDENT.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding challenging respondent's determination pursuant to 15 NYCRR 136.5 (b) (2) denying her application for a driver's license. Supreme Court properly confirmed the determination and dismissed the petition on the ground that the determination was "neither irrational nor arbitrary and capricious" (Matter of Sacandaga Park Civic Assn. v Zoning Bd. of Appeals of Town of Northampton, 296 AD2d 807, 809). Petitioner's facial challenge to 15 NYCRR part 136 is not preserved for our review, and we therefore do not address it (see Matter of U.S. Energy Dev. Corp. v New York State Dept. of Envtl. Conservation, 118 AD3d 1381, 1383).

Entered: June 12, 2015

Frances E. Cafarell

Clerk of the Court