Arrazola v. State of New York Department of Motor Vehicles, Appeals Board

Majority

p. 1444

In the Matter of Elena Arrazola, Appellant, v State of New York Department of Motor Vehicles, Appeals Board, Respondent.

[12 NYS3d 680]

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 judg

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ment confirmed the determination of respondent to deny the application of petitioner for a driver’s license and dismissed the petition.

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 [2002]). 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 [2014]).

Present — Centra, J.P., Peradotto, Carni, Sconiers and DeJoseph, JJ.

Cases cited

U.S. Energy Development Corp. v. New York State Department of Environmental Conservation 118 AD3d 1381 N.Y. App. Div. 2014-06-20 at 1383 p. 1445