Appellate Division of the Supreme Court of the State of New York April 17, 2000 (Treutlein v. Jackson)

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Appeals Board of the Department of Motor Vehicles of the State of New York dated November 24, 1997, which granted the petitioner’s appeal from a determination of an Administrative Law Judge of the Department of Motor Vehicles dated January 27, 1997, after a hearing, that the petitioner had