The New York Department of Motor Automobiles suspended a Manhattan lawyer’s driver’s license since his stolen motor vehicle was uninsured when it was crashed by a thief, he claims.
The DMV then refused to take evidence that the attorney’s car or truck had been wrongly taken, professing a law enforcement report about the theft and his testifying versus the thief did not prove the criminal was acting with out his permission, he fees.
Mark Lubelsky noted the May perhaps 23, 2019 theft of his 2017 Lexus GS350 from his building’s parking garage to the NYPD, and notified DMV of the theft and loss of his license plates, in accordance to courtroom papers. The theft prompted his insurance company, State Farm, to declare the vehicle a complete reduction.
The thief, Devon Brown Jr., was caught fewer than a month later, and billed with grand larceny soon after he allegedly crashed the $52,000 automobile and led police on a chase in Brooklyn.
DMV notified Lubelsky in composing that his license experienced been suspended “effective 3/16/2022,” because his uninsured car had been in an accident, he claimed in Manhattan Supreme Court docket papers searching for to overturn the shift. The letter was dated Feb. 14, but Lubelsky claimed he received it just two months in advance of the suspension day. The only path to steer clear of the suspension was to demonstrate his stolen automobile had been insured when the thief crashed it, Lubelsky contends.
DMV staff members allegedly agreed the license suspension was “absurd” but claimed they experienced no electric power to correct it, prices Lubelsky, who claimed in legal papers that Albany DMV personnel refused to accept faxed paperwork from their individual neighborhood workplace and even demanded he show the thief “was not licensed to generate the auto.”
“After I had explained that I experienced claimed the auto stolen, that Devon Brown was arrested for thieving the car, and that I testified against him prior to the grand jury, the defendant’s consultant astoundingly responded that individuals information do not establish that I did not authorize Devon Brown to travel the auto,” Lubelsky stated in court papers.
Lubelsky went to court in a bid to conserve his license, but withdrew the authorized papers following the point out Legal professional General’s business stepped in and resolved the predicament, he said.
“DMV mistakenly revoked my license thanks to a computer system mistake and there was no way to fix it other than to sue DMV,” Lubelsky told The Post. “I have no idea what I would have performed if I was not a lawyer with all the resources of a legislation firm at my disposal.”
The DMV reported Lubelsky’s license was not suspended or revoked, and a spokesman added the office “resolved this misunderstanding right before any license sanction was put in put.”