Opinion
Submitted October 20, 1999
November 30, 1999
Proceeding pursuant to CPLR article 78 to review a determination of the Appeals Board of the respondent New York State Department of Motor Vehicles, dated August 25, 1998, confirming a decision of an Administrative Law Judge, dated December 5, 1996, which, after a hearing, found the petitioner guilty of violating New York City Traffic Rule 4-15(b)(9), and imposed a penalty.
Vincent A. DeIorio, Purchase, N.Y. (Diane M. Lundin of counsel), for petitioner.
Eliot L. Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and Thomas B. Litsky of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
"It is well settled that judicial review of a determination rendered by an administrative body after a hearing is limited to whether that determination is supported by substantial evidence upon the entire record" ( Matter of Dienna v. Appeals Board of the Administrative Adjudication Bureau, 262 A.D.2d 409 [2d Dept., June 7, 1999], quoting Matter of Liuzzo v. State of New York Dept. of Motor Vehicles Appeals Bd., 209 A.D.2d 618; see, 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176; Matter of Jones v. Hudacs, 221 A.D.2d 531, 531-532). "A reviewing court may not weigh the evidence or reject the choice made by the Hearing Officer where there is conflicting evidence and room for choice exists" ( Matter of McQueeney v. Dutchess County Sheriff, 223 A.D.2d 710, 711).
The respondent's Appeals Board concluded that there was clear and convincing evidence to support the determination of the Administrative Law Judge ( see, Vehicle Traffic Law § 227 Veh. Traf. [1]; Matter of Pernick v. New York State Dept. of Motor Vehicles, 217 A.D.2d 630) that the petitioner violated New York City Traffic Rule 4-15(b)(9). That conclusion is supported by substantial evidence, and there is no reason to disturb it.
BRACKEN, J.P., ALTMAN, FRIEDMANN,, and H. MILLER, JJ., concur.