Opinion
2012-12-13
In re Michael CIPOLLARO, Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent.
Michael Cipollaro, petitioner pro se. Eric T. Schneiderman, Attorney General, New York (Simon Heller of counsel), for respondent.
Michael Cipollaro, petitioner pro se. Eric T. Schneiderman, Attorney General, New York (Simon Heller of counsel), for respondent.
Determination of respondent, dated September 24, 2010, which found petitioner in violation of 34 RCNY 4–13(d)(2), and imposed a $200 fine plus the $80 state surcharge, unanimously confirmed, the petition*878denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, Bronx County [Mitchell J. Danziger, J.], entered November 16, 2011), dismissed, without costs.
Respondent's determination was supported by substantial evidence ( see generally 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180–181, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ). There exists no basis to disturb the credibility determinations of the Administrative Law Judge ( see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443–444, 522 N.Y.S.2d 478, 517 N.E.2d 193 [1987] ). Moreover, petitioner's argument that he did not have fair warning that the area where he was pulled over and ticketed was not a designated truck route, is unpreserved as it was not raised at the administrative hearing ( see Matter of Palette v. City of New York, 208 A.D.2d 427, 617 N.Y.S.2d 177 [1st Dept. 1994], lv. denied 85 N.Y.2d 803, 624 N.Y.S.2d 373, 648 N.E.2d 793 [1995] ).