Opinion
August 12, 1985
Order confirmed and proceeding dismissed on the merits, with costs.
On this record, there was substantial evidence to support the commissioner's determination as to each of the violations ( see, Matter of Hannon v. Cuomo, 52 N.Y.2d 775; 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176). The commissioner's modification of the penalty imposed was within his scope of authority granted under Vehicle and Traffic Law § 398-f (3) (a) ( see, Matter of Sil-Tone Collision v. Foschio, 63 N.Y.2d 406). Mollen, P.J., Gibbons, Rubin and Kooper, JJ., concur.