Opinion
No. 2008-00818.
December 2, 2008.
Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Appeals Board dated April 4, 2007, which affirmed a determination of an Administrative Law Judge dated December 5, 2005, after a hearing, that the petitioner violated Vehicle and Traffic Law § 1111 (d) (1) and § 1229-c (3-a), and imposed a penalty.
Yehuda Herskovic, Brooklyn, N.Y., petitioner pro se.
Andrew M. Cuomo, Attorney General, New York, N.Y. (Michael S. Belohlavek and Robert C. Weisz of counsel), for respondent.
Before: Ritter, J.P., Florio, Miller and Carni, JJ. concur.
Adjudged that the determination dated April 4, 2007 is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
The determination that the petitioner violated Vehicle and Traffic Law § 1111 (d) (1) and § 1229-c (3-a) is supported by substantial evidence. Issues of credibility were primarily for the fact-finder to resolve and we see no basis to overturn the fact-finder's determination ( see Matter of Fischer v Appeals Bd. of N.Y. State Dept. of Motor Vehs., 49 AD3d 643).
The petitioner's remaining contentions are without merit.