Opinion
Submitted October 27, 1999
December 6, 1999
Proceeding pursuant to CPLR article 78 to review a determination of the Appeals Board of the New York State Department of Motor Vehicles, dated August 17, 1998, confirming a determination of an Administrative Law Judge of the Department of Motor Vehicles, dated January 6, 1998, which, after a hearing, found that the petitioner had violated Vehicle and Traffic Law § 1180(d), and imposed a penalty.
Anthony T. Conforti, Hauppauge, N.Y., for petitioner.
Eliot L. Spitzer, Attorney-General, New York, N.Y. (Michael Belohlavek and Sapna Shah of counsel), for respondent.
SONDRA MILLER, J.P., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Contrary to the petitioner's contention, the determination that he was guilty of speeding in violation of Vehicle and Traffic Law § 1180(d) is supported by substantial evidence (see, 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 181 ; Matter of Hirsch v. New York State Dept. of Motor Vehicles, 182 A.D.2d 761 ). In this regard, we note that in finding clear and convincing evidence that a traffic infraction had been committed, the Administrative Law Judge properly relied upon the results of radar testing and upon the arresting officer's visual estimate of the speed of the petitioner's vehicle (see,Vehicle and Traffic Law § 227 ; Matter of Howe v. Adduci, 226 A.D.2d 377 ; Matter of Winer v. Adduci, 141 A.D.2d 827 ; Henig v. State of New York Dept. of Motor Vehicles, 122 A.D.2d 250 ; Matter of Graf v. Foschio, 102 A.D.2d 891).
S. MILLER, J.P., THOMPSON, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.