Opinion
March 4, 1991
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The uncontroverted evidence before the Administrative Law Judge revealed that petitioner charged for repairs and services to an automobile which were requested by the customer and not performed. It was also established that unnecessary repairs were made to the automobile. On this record, therefore, there was substantial evidence to support the Commissioner's determination as to each of the violations (see, Matter of Lyon Coram Auto Body v New York State Dept. of Motor Vehicles, 147 A.D.2d 564; see also, Matter of Precise Auto Elec. v Commissioner of Motor Vehicles, 151 A.D.2d 680).
The commissioner's modification of the penalty imposed was within her scope of authority granted under Vehicle and Traffic Law § 398-f (3) (a) (see, Matter of Carmel Collision Specialists v Commissioner of Motor Vehicles, 64 N.Y.2d 1148; Matter of Sil-Tone Collision v Foschio, 63 N.Y.2d 406). In view of the nature of the violations and the petitioner's extensive record of prior violations, we find that the penalty is not shocking to one's sense of fairness (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222). Kunzeman, J.P., Kooper, Harwood and O'Brien, JJ., concur.