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In re of Lewenstein

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 715 (N.Y. App. Div. 2004)

Opinion

2003-09623.

Decided April 26, 2004.

Proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the New York State Department of Motor Vehicles dated April 18, 2002, which affirmed the finding of an Administrative Law Judge, after a hearing, that the petitioner was guilty of violating New York City Traffic Rule § 4-03(a)(1).

Florian Lewenstein, Briarwood, N.Y., appellant pro se.

Eliot Spitzer, Attorney-General, New York, N.Y. (Deon J. Nossel of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, WILLIAM F. MASTRO, JJ.


DECISION JUDGMENT

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 respondent's finding that he was guilty of violating a traffic rule requiring a motorist to yield to a pedestrian was supported by substantial evidence in the record ( see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 445). Moreover, under the circumstances, the Administrative Law Judge providently exercised his discretion in denying the petitioner's request for a continuance ( see Reo v. Klarman, 259 A.D.2d 477).

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.


Summaries of

In re of Lewenstein

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 715 (N.Y. App. Div. 2004)
Case details for

In re of Lewenstein

Case Details

Full title:IN THE MATTER OF FLORIAN LEWENSTEIN, appellant, v. NEW YORK STATE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 26, 2004

Citations

6 A.D.3d 715 (N.Y. App. Div. 2004)
775 N.Y.S.2d 537