Opinion
May 18, 1971
Proceeding under CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department, by order of the Supreme Court at Special Term, entered in St. Lawrence County) to review a determination of the Commissioner of Motor Vehicles suspending petitioner's license to drive. There was substantial evidence before the Referee to sustain his finding that petitioner violated subdivision (e) of section 1180 Veh. Traf. of the Vehicle and Traffic Law, and that her license should be suspended. Petitioner was traveling at or in excess of the lawful State-wide speed limit in an inhabited country area on a narrow, hilly road when there existed a special hazard produced by the blinding headlights of an approaching vehicle and a slow moving vehicle ahead in her lane of travel. She made no effort to slow down or minimize the danger inherent in the situation. ( Matter of Alexander v. Tofany, 29 A.D.2d 1015.) Determination confirmed, without costs, and petition dismissed. Herlihy, P.J., Reynolds, Greenblott, Cooke and Simons, JJ., concur.