Opinion
December 4, 1995
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Contrary to the petitioner's contention, the determination finding the petitioner guilty of speeding is supported by substantial evidence (see, Matter of Hirsch v New York State Dept. of Motor Vehicles, 182 A.D.2d 761; People v Olsen, 22 N.Y.2d 230). Moreover, the petitioner was not deprived of due process during the course of the administrative hearing (see generally, Matter of Prisoners' Legal Servs. v New York State Dept. of Correctional Servs., 73 N.Y.2d 26; People v Gissendanner, 48 N.Y.2d 543; Matter of Cole v New York State Dept. of Educ., 94 A.D.2d 904, 905).
As a result of the determination, the petitioner's driver's license was revoked for six months. The petitioner correctly contends and the respondent concedes that the petitioner is entitled to a credit of 64 days toward the six-month revocation of his driver's license, i.e., from February 9, 1994, the date on which an administrative stay of the revocation was lifted until April 14, 1994, the date on which a stay of the revocation was granted by the Supreme Court.
The petitioner's remaining contentions are either unpreserved for judicial review or without merit. Mangano, P.J., Balletta, Copertino and Hart, JJ., concur.