Opinion
December 28, 1987
Adjudged that the determination is confirmed and the proceeding is dismissed, with costs.
The determination under review is supported by substantial evidence insofar as it found that the petitioner had violated Vehicle and Traffic Law § 398-e (1) (g); (2) (a) (i) as well as 15 NYCRR 82.5 (c) (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222, 231). In addition, in light of the circumstance of this case we find that the penalties imposed do not shock our sense of fairness (see, Schaubman v Blum, 49 N.Y.2d 375, 379; Matter of Gibralter Auto Servs. v State of New York, 134 A.D.2d 590; see also, Vehicle and Traffic Law § 398-e [h]). Bracken, J.P., Kunzeman, Spatt and Harwood, JJ., concur.