Opinion
Submitted May 21, 2001.
June 18, 2001.
Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles, dated January 27, 2000, which confirmed the findings of an Administrative Law Judge that the petitioner violated Vehicle and Traffic Law — 303(e)(1) and 303(e)(3), revoked the petitioner's motor vehicle inspection license, and directed the petitioner to pay a civil penalty.
Leonard J. Shore, Commack, N.Y., for petitioner.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael Belohlavek and Allison Penn of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, STEPHEN G. CRANE, JJ.
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Contrary to the petitioner's contentions, the determination of the New York State Department of Motor Vehicles is supported by substantial evidence in the record (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222). Further, under the circumstances presented, the penalty of revocation of the petitioner's motor vehicle inspection license is not so disproportionate to the offense as to be shocking to one's sense of fairness (see, Matter of Lin Del Transmissions v. New York State Dept. of Motor Vehicles, 256 A.D.2d 1176; Matter of VOC Bus Corp., v. Jackson, 251 A.D.2d 337).
SANTUCCI, J.P., GOLDSTEIN, H. MILLER and CRANE, JJ., concur.