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In the Matter of Kevin B. Acevedo, Appellant,v.New York State Department of Motor Vehicles, et al., Respondents.

Brief

49 Cited authorities

  1. Miller v. Alabama

    567 U.S. 460 (2012)   Cited 6,815 times   63 Legal Analyses
    Holding mandatory life without parole sentences unconstitutional for all juvenile offenders

  2. Greenholtz v. Nebraska Penal Inmates

    442 U.S. 1 (1979)   Cited 5,793 times   4 Legal Analyses
    Holding the Constitution does not create a protected liberty interest in a prisoner's release prior to the expiration of a valid sentence

  3. Birchfield v. North Dakota

    136 S. Ct. 2160 (2016)   Cited 1,057 times   16 Legal Analyses
    Holding warrantless breath tests, but not blood tests, are permitted as searches incident to arrest under the Fourth Amendment

  4. Bell v. Burson

    402 U.S. 535 (1971)   Cited 1,796 times
    Holding that due process is required for revocation of driver's license

  5. Matter Hearst Corp. v. Clyne

    50 N.Y.2d 707 (N.Y. 1980)   Cited 1,594 times
    Holding that courts are normally precluded from considering questions that, once alive, have become moot by change of circumstances

  6. Society of Plastics v. Suffolk

    77 N.Y.2d 761 (N.Y. 1991)   Cited 958 times   3 Legal Analyses
    In Society of Plastics Indus. v. County of Suffolk, 77 N.Y.2d 761, 570 N.Y.S.2d 778, 573 N.E.2d 1034 (1991), this Court examined the law of standing, and set forth a framework for deciding whether parties have standing to challenge governmental action in land use matters generally, and under the State Environmental Quality Review Act (ECL art. 8 [SEQRA]), specifically.

  7. Nurse Anesthetists v. Novello

    2 N.Y.3d 207 (N.Y. 2004)   Cited 312 times   2 Legal Analyses
    Holding that standing may not be based on "hypothesized harm," and that "[p]laintiff's speculation about the future course the Guidelines might take [i.e., the future injury their application might cause to plaintiff] cannot supply the missing ingredient of in-fact injury."

  8. Matter of Medical Society of the State v. Serio

    100 N.Y.2d 854 (N.Y. 2003)   Cited 249 times
    Holding that a provision in New York Insurance Law providing that “[t]he superintendent shall have the power to prescribe and from time to time withdraw or amend, in writing, regulations, not inconsistent with the provisions of [the Insurance Law] ... does not cede to the executive branch fundamental legislative or policymaking authority, which remains at all times with the Legislature”

  9. Doe v. Pataki

    120 F.3d 1263 (2d Cir. 1997)   Cited 287 times   1 Legal Analyses
    Holding that New York's sex-offender registration statute's in-person registration requirement did not make the statute punitive

  10. Matter of Field Delivery Serv

    66 N.Y.2d 516 (N.Y. 1985)   Cited 378 times
    Stating that agency decision "which neither adheres to its own prior precedent nor indicates its reason for reaching a different result on essentially the same facts is arbitrary and capricious"

  11. Section 136.5 - Special rules for applicants with multiple alcohol - or drug-related driving convictions or incidents and for applicants with an alcohol-related conviction related to a fatal accident

    N.Y. Comp. Codes R. & Regs. tit. 15 § 136.5   Cited 82 times

    (a) For the purposes of this section: (1) "Alcohol- or drug-related driving conviction or incident" means any of the following, not arising out of the same incident: (i) a conviction of a violation of section 1192 of the Vehicle and Traffic Law or an out-of-state conviction for operating a motor vehicle while under the influence of alcohol or drugs; (ii) a finding of a violation of section 1192-a of the Vehicle and Traffic Law or a finding of a refusal to submit to a chemical test under section 1194-a

  12. Section 136.4 - Denial of application following record review

    N.Y. Comp. Codes R. & Regs. tit. 15 § 136.4   Cited 10 times

    (a) An application for a driver's license shall be denied if: (1) a disability, as defined in section 136.1(b)(2) of this Part, is found, unless evidence shall be presented to satisfy the commissioner that such individual may safely operate a motor vehicle; and/or (2) there is a history of abuse of alcohol or drugs, as defined in section 136.1(b)(3) of this Part, with insufficient evidence of rehabilitative effort; and/or (3) There is a combination of safety factors, as defined in Section 136.1(b)(5)

  13. Section 3.2 - Driver license classifications, endorsements and restrictions

    N.Y. Comp. Codes R. & Regs. tit. 15 § 3.2   Cited 9 times

    Subdivision one of section 501 provides that a driver license shall be valid only for the operation of the vehicles specified for each class of license but shall not be valid for the operation of any type of vehicle for which an endorsement is required unless the license contains such endorsement and further that such license shall also be subject to any restrictions contained on the license. (a)License classifications. Paragraph (a) of subdivision two of section 501 of the Vehicle and Traffic Law

  14. Section 136.10 - Application for relicensing

    N.Y. Comp. Codes R. & Regs. tit. 15 § 136.10   Cited 8 times

    (a) Application by the holder of a post-revocation conditional license. Upon the termination of the period of probation set by the court, the holder of a post-revocation conditional license may apply to the commissioner for restoration of a license or privilege to operate a motor vehicle. An application for licensure may be approved if the applicant demonstrates that he or she: (1) has a valid post-revocation conditional license; and (2) has demonstrated evidence of rehabilitation as required by

  15. Section 135.9 - Restricted license

    N.Y. Comp. Codes R. & Regs. tit. 15 § 135.9   Cited 2 times

    A restricted license will be issued only by the department which will establish the conditions applicable to each individual license based upon information submitted by the applicant. (a) Form of restricted license. The restricted license will be a two-part form. One part shall be computer-generated and will bear a notation indicating that it is a restricted license. The other part will be manually generated and will contain the specific conditions applicable to that particular restricted license