Opinion
2003-06037.
Decided June 7, 2004.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Department of Motor Vehicles Appeals Board, dated November 25, 2002, confirming a determination of an Administrative Law Judge, dated May 8, 2002, which, after a hearing, found that the petitioner had violated Vehicle and Traffic Law § 1180(d) and imposed a $60 fine and a $30 surcharge.
Paul Koenigsberg, Brooklyn, N.Y. (Robert Rosenberg of counsel), petitioner pro se.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael Belohlavek and Jean Lin of counsel), for respondent.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, WILLIAM F. MASTRO, PETER B. SKELOS, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
The determination that the petitioner violated Vehicle and Traffic Law § 1180(d) by speeding is supported by substantial evidence ( see Matter of Mataragas v. New York State Dept. of Motor Veh., A.D.3d [2d Dept, Apr. 12, 2004]; Matter of Gentile v. Jackson, 273 A.D.2d 235). The Administrative Law Judge properly relied on the police officer's testimony regarding his visual estimate of the speed of the petitioner's car, which, together with the reading from the laser device in the officer's car, were sufficient to sustain the petitioner's conviction ( see Matter of Neiman v. State of New York Dept. of Motor Vehicles Appeals Bd., 265 A.D.2d 558; Matter of Mataragas v. New York State Dept. of Motor Veh., supra; Matter of Gentile v. Jackson, supra).
The petitioner's remaining contentions are without merit.
RITTER, J.P., ALTMAN, MASTRO and SKELOS, JJ., concur.