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Matter of Losirisup v. N.Y.S. Dep't of Motor Veh.

ALJ's Adjournment of Hearing Despite Officer's Non-Appearance, No Notice Found Arbitrary

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DECISION, ORDER & JUDGMENT

*1  The petition to dismiss a traffic ticket issued to petitioner is granted. BackgroundThis proceeding arises out of a traffic ticket issued to petitioner on May 27, 2016 for allegedly running a red light. After the ticket was issued, a hearing was scheduled for October 31, 2016 before an administrative law judge (“ALJ”). On the day of the hearing, the police officer who issued the ticket failed to appear and did not provide the ALJ with a reason for his absence. Petitioner moved to dismiss the ticket but the ALJ denied this request. The ALJ reasoned that due to petitioner’s driving record (which contained many traffic violations), it would pose a safety hazard if the ticket were dismissed. The ALJ adjourned the hearing to December 12, 2016 over petitioner’s objection.1 The instant petition challenges the ALJ’s decision to adjourn the hearing.Petitioner claims that the ALJ’s decision to adjourn the hearing and

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