Matter of Monro, Inc. v. New York State Dept. of Motor Vehs.
Docket: 363 TP 21-01514
Court: Appellate Division of the Supreme Court of the State of New York; July 8, 2022; New York; State Appellate Court
Original Court Document: View Document
In the case of Matter of Monro, Inc. v. New York State Dept. of Motor Vehs., the Appellate Division of the Supreme Court of New York annulled a prior determination by the New York State Department of Motor Vehicles (DMV) that revoked Monro, Inc.'s inspection station license and Randy C. York's certification to perform state inspections. The court found that the petitioners were denied due process, as they did not receive notice of the hearing regarding the revocation, which is required under the Vehicle and Traffic Law. The court emphasized that the DMV failed to provide evidence supporting the statutory presumption of notice or mailing. It ruled that an affidavit of mailing submitted by the DMV for the first time in the appellate court could not be considered, as it was not part of the administrative record. The court's decision was made in the interest of judicial economy, despite the case's procedural transfer, leading to the granting of the petition and the annulment of the DMV's determination without costs.