| Matter of Berroa v Fiala |
| 2014 NY Slip Op 08288 [122 AD3d 1209] |
| November 26, 2014 |
| Appellate Division, Third Department |
[*1]
| In the Matter of Fernando A. Berroa, Appellant, vBarbara J. Fiala, as Commissioner of Motor Vehicles,Respondent. |
James Kleinbaum, Chatham, for appellant.
Eric T. Schneiderman, Attorney General, New York City (Matthew W. Grieco ofcounsel), for respondent.
Clark, J. Appeal from a judgment of the Supreme Court (Gilpatric, J.), enteredOctober 25, 2013 in Albany County, which, among other things, dismissed petitioner'sapplication, in a combined proceeding pursuant to CPLR article 78 and action fordeclaratory judgment, to review a determination of respondent denying petitioner'sapplication for a driver's license.
Petitioner, who had committed 22 driving offenses between 2004 and 2011, had hisdriver's license revoked in 2011. In July 2012, petitioner applied for, and was denied, areinstatement of his driver's license, a decision that was affirmed by the AdministrativeAppeals Board. Petitioner then commenced this hybrid CPLR article 78 proceeding andaction for declaratory judgment, seeking annulment of the determination and an ordereither granting petitioner a driver's license or remitting and requiring review byrespondent under the regulations existing at the time of petitioner's application ratherthan the revised regulations in place at the time of the denial. Supreme Court dismissedpetitioner's application. Petitioner now appeals arguing that the court erred when it foundthat the application of 15 NYCRR former 136.5 (a) (3) and (b) (2) was not based on anerror of law, arbitrary and capricious, irrational or an abuse of discretion.
For the reasons set forth in Matter of Scism v Fiala (122 AD3d —[2014] [decided herewith]), we affirm.
[*2] Peters, P.J., Stein, Rose and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed, without costs.