Opinion
2002-04175
Argued March 31, 2003.
May 5, 2003.
Proceeding pursuant to CPLR article 78 to review a determination of the Appeals Board of the State of New York Department of Motor Vehicles, dated October 2, 2001, which affirmed a determination of an Administrative Law Judge of the State of New York Department of Motor Vehicles, dated November 6, 2000, which, after a hearing, found that the petitioner violated New York City Traffic Rules and Regulations (34 RCNY) § 4-15(b)(9) and (10), and imposed a penalty.
Margolis Flanary, LLP, Garden City, N.Y. (Walker G. Flanary III of counsel), for appellant.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and Thomas B. Litsky of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, LEO F. McGINITY, and BARRY A. COZIER, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
Judicial review of a determination rendered by an administrative body after a hearing is limited to whether that determination is supported by substantial evidence upon the entire record (see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176; Matter of Liuzzo v. State of New York Dept. of Motor Vehicles Appeals Bd., 209 A.D.2d 618). "A reviewing court may not weigh the evidence or reject the choice made by the Hearing Officer where there is conflicting evidence and room for choice exists" (Matter of McQueeney v. Dutchess County Sheriff, 223 A.D.2d 710, 711).
The determination that the petitioner violated New York City Traffic Rules and Regulations (34 RCNY) § 4-15(b)(9) and (10) is supported by substantial evidence, and we find no basis for disturbing it.
ALTMAN, J.P., SMITH, McGINITY and COZIER, JJ., concur.