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Mueller v New York State Dept. of Motor Vehicles 2012 NY Slip Op 31682(U) June 27, 2012 Supreme Court, Albany County Docket Number: 1803-12 Judge: Joseph C. Teresi Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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STATE OF NEW YORK SUPREME COURT STEVEN A. MUELLER, Petitioner, -againstNEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent.

COUNTY OF ALBANY

DECISION and ORDER INDEX NO. 1803-12 RJI NO. 01-12-106528

Supreme Court Albany County All Purpose Term, June 8, 2012 Assigned to Justice Joseph C. Teresi APPEARANCES: Camardo Law Firm, PC Kevin Mendillo, Esq. Attorneys for the Petitioner 127 Genesee Street Auburn, New York 13021 Eric T. Schneiderman, Esq. Attorney General of the State of New York Attorney for the Respondent Adrienne Kerwin, Esq. AAG The Capitol Albany, New York 12224 TERESI, J.: Upon its application for and denial of a public emissions inspection license, Petitioner commenced this hybrid Article 78 proceeding / declaratory judgment action. He set forth seven "Claim[sJ For Relief' without including the specific relief he sought in each, and concluded with

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five substantive "wherefore" relief paragraphs.

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Respondent answered the complaint/petition,

and simultaneously moved for summary judgment of the declaratory judgment action. On this record, because Petitioner is entitled to neither Article 78 nor declaratory relief, the complaint/petition is dismissed. In June 2010, Petitioner obtained a building permit and began constructing a pole barn. He built the new barn to expand his automobile dealership to include a New York State public emissions inspection station. Although he expended a substantial sum of money in the construction process, he had not applied for a public emissions inspection license pursuant to 15 NYCRR

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