K.C. Serv. Inc. v. New York State Dep't of Motor Vehs., 284 A.D.2d 464 (N.Y. App. Div. 2001). · Go Syfert
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K.C. Serv. Inc. v. New York State Dep't of Motor Vehs., 284 A.D.2d 464 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
31 citation events (31 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Germain v. Town of Chester Planning Bd.
N.Y. App. Div. · 2017 · confidence medium
Chill Factor Cooling, LLC (hereinafter Chill Factor), is a necessary party to this proceeding (see CPLR 1001 [a]; Matter of Cybul v Village of Scarsdale, 17 AD3d 462, 463 [2005]; Matter of Karmel v White Plains Common Council, 284 AD2d 464, 465 [2001]; Matter of Artrip v Incorporated Vil. of Piermont, 267 AD2d 457, 457 [1999]) subject to the jurisdiction of the court, and therefore, the Supreme Court should have “order[ed] [it] summoned,” rather than granting the motion of the Town of Chester Planning Board to dismiss the petition insofar as asserted against it (CPLR 1001 [b]; see Windy Ri…
discussed Cited as authority (rule) McCrory v. Village of Mamaroneck
N.Y. Sup. Ct. · 2011 · confidence medium
(See Matter of Ferrando v New York City Bd. of Stds. & Appeals, 12 AD3d 287, 288 [1st Dept 2004]; Matter of Karmel v White Plains Common Council, 284 AD2d 464, 465 [2d Dept 2001].) Joinder is not required where, regardless of the court’s determination, the judgment can have no influence upon the conduct of the nonparty or the integrity of its rights.
cited Cited as authority (rule) Caltagirone v. Zoning Board of Appeals
N.Y. App. Div. · 2008 · confidence medium
Pine Barrens Socy. v Town of Islip, 286 AD2d 683 [2001]; Matter of Karmel v White Plains Common Council, 284 AD2d 464, 465 [2001]).
discussed Cited as authority (rule) Red Hook/Gowanus Chamber of Commerce v. New York City Board of Standards
N.Y. App. Div. · 2005 · confidence medium
Pine Barrens Socy. v Town of Islip, 286 AD2d 683 [2001]; Matter of Karmel v White Plains Common Council, 284 AD2d 464, 465 [2001]; Matter of Artrip v Incorporated Vil. of Piermont, 267 AD2d 457 [1999]; Matter of New York City Audubon Socy. v New York State Dept. of Envtl.
cited Cited as authority (rule) Cybul v. Village of Scarsdale
N.Y. App. Div. · 2005 · confidence medium
Pine Barrens Socy. v Town of Islip, 286 AD2d 683 [2001]; Matter of Karmel v White Plains Common Council, 284 AD2d 464, 465 [2001]).
cited Cited as authority (rule) East Bayside Homeowners Ass'n v. Chin
N.Y. App. Div. · 2004 · confidence medium
Pine Barrens Socy. v Town of Islip, 286 AD2d 683 [2001]; Matter of Karmel v White Plains Common Council, 284 AD2d 464, 465 [2001]).
discussed Cited as authority (rule) Ferruggia v. Zoning Board of Appeals (2×)
N.Y. App. Div. · 2004 · confidence medium
Pine Barrens Socy. v Town of Islip, 286 AD2d 683 [2001]; Matter of Karmel v White Plains Common Council, 284 AD2d 464, 465 [2001]; Manupella v Troy City Zoning Bd. of Appeals, 272 AD2d 761 [2000]; Matter of Artrip v Incorporated Vil. of Piermont, 267 AD2d 457 [1999]; see also Matter of Saunders v Graboski, 282 AD2d 610 [2001]; Matter of Save Our-Open Space v Planning Bd. of Vil. of S. Nyack, 256 AD2d 581, 582 [1998]).
discussed Cited as authority (rule) Jenkins v. Strough
N.Y. App. Div. · 2003 · confidence medium
“A [person] whose interest may be adversely effected by a potential judgment must be made a party in a CPLR article 78 proceeding” (Karmel v White Plains Common Council, 284 AD2d 464, 465 [2001]; see Matter of Artrip v Incorporated Vil. of Piermont, 267 AD2d 457 [1999]; see generally Matter of Castaways Motel v Schuyler, 24 NY2d 120 [1969]).
discussed Cited "see, e.g." Marceca v. City of New York
N.Y. Sup. Ct. · 2004 · signal: see also · confidence medium
Moreover, a court “should not . . . grant[ ] [a] plaintiffs . . . motion for leave to amend the complaint to add [a] defendant [where] [t]he Statute of Limitations had already expired, and plaintiff may not benefit from the relation back doctrine” (Gielow v Rosa Coplon Home, 251 AD2d 970, 973 [1998], lv denied 92 NY2d 1042 [1999]; see also Karmel v White Plains Common Council, 284 AD2d 464, 465 [2001] [petition dismissed where court could not order the joinder of a necessary party because the statute of limitations had already expired and said party could only be joined if the relation-bac…
Retrieving the full opinion text from the archive…
In the Matter of K.C. Service Incorporated
v.
New York State Department of Motor Vehicles
Appellate Division of the Supreme Court of the State of New York.
Jun 18, 2001.
284 A.D.2d 464
Cited by 2 opinions  |  Published

—Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles, dated January 27, 2000, which confirmed the findings of an Administrative Law Judge that the petitioner violated Vehicle and Traffic Law § 303 (e) (1) and (3), revoked the petitioner’s motor vehicle inspection license, and directed the petitioner to pay a civil penalty.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner’s contentions, the determination of the New York State Department of Motor Vehicles is supported by substantial evidence in the record (see, Matter of Pell v Board of Educ., 34 NY2d 222). Further, under the circumstances presented, the penalty of revocation of the petitioner’s motor vehicle inspection license is not so disproportionate to the offense as to be shocking to one’s sense of fairness (see, Matter of Lin Del Transmissions v New York State Dept. of Motor Vehicles, 256 AD2d 1176; Matter of VOC Bus Corp. v Jackson, 251 AD2d 337). Santucci, J. P., Goldstein, H. Miller and Crane, JJ., concur.