ALBANY – For the second time in less than four months, a divided Appellate Division, Third Department, panel has upheld a strict driver’s license suspension regulation imposed by the Cuomo administration on repeat drunken driving offenders.

The 3-2 majority in Matter of Carney v. New York State Department of Motor Vehicles, 520382, ruled that the rules don’t violate the separation of powers doctrine and were within the authority of the state when established by Barbara Fiala, who was commissioner of the Department of Motor Vehicles in November 2012.