Opinion
May 18, 1987
Appeal from the Appeals Board of the Administrative Adjudication Bureau of the New York State Department of Motor Vehicles.
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
A review of the record establishes that the Department of Motor Vehicles sustained its burden of proving by clear and convincing evidence (see, Vehicle and Traffic Law § 227), that the petitioner violated Vehicle and Traffic Law § 1180 by operating a vehicle at a speed of 68 miles per hour in an area posted with a 50-mile-per-hour limit (see, Matter of Graf v. Foschio, 102 A.D.2d 891; see also, Silver v. State of New York Dept. of Motor Vehicles, 108 A.D.2d 848, 849). Bracken, J.P., Neihoff, Kooper and Sullivan, JJ., concur.