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Matter of Roderick v. N.Y.S. Dep't of Motor Vehicles

Overturning DMV Denial of Reissuing Driver's License Post-Alcohol-Related Offenses Denied

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The following papers numbered 1 through 5 were read on Petitioner Donald J. Roderick’s Article 78 Petition, brought by Order to Show Cause, seeking (1) limited discovery of the applications for exemption granted by Respondents under 15 NYCRR §136.5(d);1 and (2) an order annulling and reversing Respondents’ decision affirming the denial of Petitioner’s application for reconsideration of their denial of relicensure; and (3) granting Petitioner a driver’s license:Order to Show Cause/Petition/Exhibits 1-6         1-2Memorandum of Law in Support of Petition & in Support of Limited Disclosure               3Verified Answer and Return/Exhibits A-M            4Reply Memorandum of Law 5ORDER AND JUDGMENT Upon reading the foregoing papers, it is ORDERED that the Petition is denied and dismissed for the reasons which follow.BACKGROUNDPetitioner seeks to overturn Respondents’ decision affirming the denial of Petitioner’s request for reconsideration of Respondents’ decision to not reissue Petitioner’s driver’s license, which was revoked after he was convicted of three alcohol related driving offenses.2 Petitioner seeks return of an unrestricted driver’s license, or, in the alternative, return of his driver’s license with a restriction only on late night driving.3 Petitioner contends that Respondents failed to weigh the unusual, extenuating and compelling circumstances of his case, which, he asserts, formed a valid basis to deviate from the general policy to deny reissuance of a driver’s license to someone who has three or four alcohol related convictions.Petitioner alleges that he lives alone in Tuxedo, New York, and has no one in his life who can chauffeur him around. Petition at

7-12. Petitioner alleges that he suffers from severe end stage osteoarthritis and obesity, which makes it extremely painful for him to walk distances greater than 30 feet. Id. at

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