| Matter of Fischer v Appeals Bd. of N.Y. State Dept. of Motor Vehs. |
| 2008 NY Slip Op 02149 [49 AD3d 643] |
| March 11, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Joseph Fischer, Petitioner, v Appeals Board of New York State Department of Motor Vehicles, Respondent. |
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Andrew M. Cuomo, Attorney General, New York, N.Y. (Michael S. Belohavek and David
Lawrence III of counsel), for respondent.
Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Appeals Board dated June 14, 2006, which affirmed the determination of an Administrative Law Judge dated April 15, 2005, after a hearing, that the petitioner violated Vehicle and Traffic Law § 1111 (d) (1), and imposed a penalty.
Adjudged that the determination dated June 14, 2006 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 § 1111 (d) (1) is supported by substantial evidence and must be confirmed (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 179 [1978]; Matter of Resciniti v Department of Motor Vehs. of State of N.Y., 255 AD2d 589 [1998]; Matter of Ballen v Commissioner of Motor Vehs., 147 AD2d 560, 561 [1989]). The petitioner's challenge to the administrative determination rests upon an issue of credibility which was primarily for the fact-finder to resolve (see Matter of J. Bruno Sons, Inc. v Martinez, 15 AD3d 485, 486 [2005]; Matter of Kahn v State of N.Y. Dept. of Motor Vehs., 134 AD2d 594 [1987]).
The petitioner's remaining contentions are either not properly before us or without merit. Fisher, J.P., Dillon, McCarthy and Belen, JJ., concur.