Watson v. Fiala, 101 A.D.3d 1649 (N.Y. App. Div. 2012). · Go Syfert
Watson v. Fiala, 101 A.D.3d 1649 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of Jeter v. Poole (ny, 2024-11-25)
Top citers, strongest first. 7 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of Jeter v. Poole
NY · 2024 · confidence medium
Matter of Watson v Fiala , 101 AD3d 1649, 1650-1651 [4th Dept 2012]).
discussed Cited as authority (rule) Matter of Estafanous v. New York City Envtl. Control Bd.
N.Y. App. Div. · 2016 · confidence medium
Aside from certain narrow exceptions, the constitutional right to counsel does not extend to civil actions or administrative proceedings (see Matter of Watson v Fiala, 101 AD3d 1649, 1650-1651 [2012]; Matter of Baywood Elec.
discussed Cited as authority (rule) Dipoumbi v. Fiala
N.Y. App. Div. · 2014 · confidence medium
Petitioner was not denied his right to counsel (cf. Matter of Watson v Fiala, 101 AD3d 1649, 1650-1651 [4th Dept 2012]), but expressly chose to proceed with the hearing when his counsel failed to appear due to illness.
discussed Cited as authority (rule) Dipoumbi v. Fiala
N.Y. App. Div. · 2014 · confidence medium
Petitioner was not denied his right to counsel (cf. Matter of Watson v Fiala, 101 AD3d 1649, 1650-1651 [4th Dept 2012]), but expressly chose to proceed with the hearing when his counsel failed to appear due to illness.
cited Cited "see" MARK D. LYNCH, DOING BUSINESS AS, SOUTHSIDE AUTO SALES, LLC v. NEW YORK STATE DEPARTMENT OF MOTOR, VE
N.Y. App. Div. · 2015 · signal: see · confidence high
No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 , 237; see Matter of Watson v Fiala, 101 AD3d 1649, 1651 ).
cited Cited "see" Lynch v. New York State Department of Motor Vehicles Appeals Board
N.Y. App. Div. · 2015 · signal: see · confidence high
No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 , 237 [1974]; see Matter of Watson v Fiala, 101 AD3d 1649, 1651 [2012]).
cited Cited "see" Lynch v. New York State Department of Motor Vehicles Appeals Board
N.Y. App. Div. · 2015 · signal: see · confidence high
No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 , 237 [1974]; see Matter of Watson v Fiala, 101 AD3d 1649, 1651 [2012]).
Retrieving the full opinion text from the archive…
In the Matter of Charles E. Watson, Individually and Doing Business as C.E.W Motors
v.
Barbara J. Fiala, New York State Commissioner of Motor Vehicles
Appellate Division of the Supreme Court of the State of New York.
Dec 21, 2012.
101 A.D.3d 1649
Cited by 7 opinions  |  Published

Memorandum: Respondent charged petitioner, individually and doing business as C.E.W Motors, with violating Vehicle and[*1650] Traffic Law § 303 (e) (3) and 15 NYCRR 79.17 (b) (1) and 79.24 (i), concerning an inspection petitioner performed on a “concealed identity vehicle.” Petitioner appeared before the Administrative Law Judge (ALJ) without the benefit of counsel and, following a hearing, the ALJ found petitioner guilty of all three charges. Finding that “[petitioner’s] testimony exhibited the most complete and thorough disregard of the State laws and the Commissioner’s regulations when performing New York State inspections that [he had] hear[d] in ... 19 years,” the ALJ revoked the inspector’s card issued to petitioner as well as C.E.W Motors’ inspection station license.

Petitioner hired an attorney and filed administrative appeals challenging the ALJ’s determinations. In each of the administrative appeals, petitioner sought review of “both the findings and the revocation” of his inspector’s card and license. He contended that vacatur was justified because he proceeded without the benefit of counsel, there was insufficient evidence supporting the “conviction(s),” and the penalty imposed was disproportionately severe. Petitioner did not file a transcript of the administrative hearing with his administrative appeals, although he had received notifications informing him that it was his obligation to do so.

The Administrative Appeals Board (Board) affirmed the determinations, noting that petitioner’s administrative appeals raised “issues of fact [that] would require transcript review.” With respect to petitioner’s challenges to the penalty, the Board affirmed the penalties, finding that they “were not an abuse of discretion.”

Petitioner commenced this CPLR article 78 proceeding to challenge the Board’s determinations. Although petitioner contended in the petition that he was challenging only the penalty, he also contended that the determinations should be vacated because they were “unsupported by substantial evidence.” We thus conclude that Supreme Court properly addressed the merits of petitioner’s challenge to the penalty and thereafter properly transferred the matter to this Court. We now affirm the judgment and confirm the determinations.

Petitioner contends that the determinations should be vacated because he appeared at the administrative hearing without the benefit of counsel. That contention lacks merit. “Aside from certain narrow exceptions . . . , the right to counsel . . . does not extend to civil actions or administrative proceedings . . . Due process considerations in such cases require only that a party to an administrative hearing be afforded the opportunity to be represented by counsel. Here, the record indicates that[*1651] [petitioner] was provided with an adequate opportunity to obtain legal representation” (Matter of Bay wood Elec. Corp. v New York State Dept. of Labor, 232 AD2d 553, 554 [1996]).

Contrary to petitioner’s further contention, the penalty of revocation is not “so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one’s sense of fairness” (Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 233 [1974] [internal quotation marks omitted]). To the extent that petitioner may be deemed to contend that the determinations are not supported by substantial evidence, that contention cannot be addressed due to petitioner’s failure to file a transcript of the administrative hearing (see Matter of Brady v Department of Motor Vehs., 98 NY2d 625, 626 [2002]; Matter of Cipry Auto., Inc. v New York State Dept. of Motor Vehs., 72 AD3d 816, 817 [2010]; see generally Vehicle and Traffic Law §§ 228 [5]; 398-f [3] [b] [3]). Present — Scudder, P.J., Centra, Valentino, Whalen and Martoche, JJ.