Opinion
2016–09469 Index No. 1060/16
11-07-2018
In the Matter of Gregory BILOTTO, Appellant, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent.
Gregory Bilotto, White Plains, NY, appellant pro se. Barbara D. Underwood, Attorney General, New York, N.Y. (Steven C. Wu and Mark H. Shawhan of counsel), for respondent.
Gregory Bilotto, White Plains, NY, appellant pro se.
Barbara D. Underwood, Attorney General, New York, N.Y. (Steven C. Wu and Mark H. Shawhan of counsel), for respondent.
RUTH C. BALKIN, J.P., SANDRA L. SGROI, ROBERT J. MILLER, FRANCESCA E. CONNOLLY, JJ.
DECISION & JUDGMENT
Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Appeals Board dated September 21, 2015, affirming a determination of an Administrative Law Judge dated March 6, 2015, which, after a hearing, found that the petitioner violated Vehicle and Traffic Law § 1180(d)(2).
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
Contrary to the petitioner's contention, the determination that he violated Vehicle and Traffic Law § 1180(d)(2) by speeding is supported by substantial evidence (see Matter of Molinsky v. New York State Dept. of Motor Vehs., 105 A.D.3d 960, 962 N.Y.S.2d 710 ; Matter of Kobel v. State of N.Y. Dept of Motor Vehs. Appeals Bd., 85 A.D.3d 916, 925 N.Y.S.2d 602 ).
The petitioner's remaining contentions are not properly before this Court, since they were not raised at the administrative hearing (see Matter of Molinsky v. New York State Dept. of Motor Vehs., 105 A.D.3d at 960, 962 N.Y.S.2d 710 ).
BALKIN, J.P., SGROI, MILLER and CONNOLLY, JJ., concur.