| Matter of Peterson v State of N.Y. Dept. of Motor Vehs. |
| 2011 NY Slip Op 09650 [90 AD3d 1055] |
| December 27, 2011 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of R. Bertil Peterson, Petitioner, v State of New York Department of Motor Vehicles et al., Respondents. |
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Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and
Marion R. Buchbinder of counsel), for respondents.
Proceeding pursuant to CPLR article 78 to review a determination of the State of New York Department of Motor Vehicles Appeals Board dated October 12, 2010, affirming a determination of an administrative law judge dated May 14, 2010, which, after a hearing, found that the petitioner violated Vehicle and Traffic Law § 1225-c, and imposed a fine in the sum of $130.
Adjudged that the determination dated October 12, 2010, 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 § 1225-c is supported by substantial evidence. The petitioner's challenge to the administrative determination rests upon an issue of credibility which was primarily for the factfinder to resolve, and we see no basis to overturn the factfinder's determination (see Matter of Hildreth v New York State Dept. of Motor Vehs. Appeals Bd., 83 AD3d 838 [2011]). Dillon, J.P., Balkin, Leventhal and Chambers, JJ., concur.