Opinion
03-02-2017
In re Andrew D. FRANCO, Petitioner, v. Barbara J. FIALA, etc., et al., Respondents.
The Law Office of David M. Santoro, New York (Stephen T. Brewi of counsel), for petitioner. Eric T. Schneiderman, Attorney General, New York (Mark H. Shawhan of counsel), for respondent.
The Law Office of David M. Santoro, New York (Stephen T. Brewi of counsel), for petitioner.
Eric T. Schneiderman, Attorney General, New York (Mark H. Shawhan of counsel), for respondent.
Determination of respondents dated July 6, 2015, which, after a hearing, fined petitioner based on his violation of Vehicle and Traffic Law § 1146, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Barbara Jaffe, J.], entered February 25, 2016), dismissed, without costs.
Substantial evidence supports respondents' determination (see generally 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 181–182, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ) that petitioner failed to exercise due care while operating his vehicle and struck the pedestrian as she crossed the street, ultimately resulting in her death (Vehicle and Traffic Law § 1146 ; see e.g. Matter of Montagnino v. Fiala, 106 A.D.3d 1090, 1091, 966 N.Y.S.2d 161 [2d Dept.2013] ).
FRIEDMAN, J.P., ANDRIAS, FEINMAN, KAPNICK, GESMER, JJ., concur.