In this Article 78 case the driver appeal a one year driver’s license suspension which was initially imposed by an Administrative Law Judge. The driver appealed to the NYS DMV Appeals Board. The driver had fallen asleep at the wheel and her vehicle crossed over into oncoming traffic and struck a vehicle head on resulting in the death of the other vehicle’s driver. The Appellate Division Second Department confirmed the one year suspension writing that the Supreme Court was incorrect in reducing the penalty to 60 days. The appeal court held that the one year suspension was not so disproportionate to the offense to be "shocking to one’s sense of fairness or an abuse of discretion as a matter of law" read about this Article 78 NYS DMV case here.