Upon the Court's review of the Petition and the supporting papers, the Petition of Gerald J. Burroughs X is granted in all respects, and the cross motion by the City of New York is denied.

The petitioner had been found guilty of improper use of a cell phone. The overwhelming evidence, including ample exhibits, documentary evidence, and supporting affidavits, show, with great impression, that the petitioner's car was equipped with a [*2]Jupiter Jack Hands Free System that permitted hands-free use of a telephone audio, the petitioner was not using a cell phone at the time he was improperly stopped by a police officer; the officer's observation was erroneous, and that the phone call message transmitted by the Jupiter Jack Hands Free System with which the vehicle was equipped related to a serious health condition of an elderly member of the petitioner's family, a retired police officer, who was hospitalized. The Administrative Law Judge's decision was against the overwhelming weight of the rational evidence.

It is ORDERED that the Petition is granted, the decision of the Administrative Law Judge is set aside, Summons Number AAN8220295 is deemed dismissed, and any fees paid by the petitioner are to be refunded by New York State and the Department of Motor Vehicles, together with all surcharges, interest calculated, late fees, and other fees paid.

A copy of this decision and order bearing the Clerk's dated stamp of entry shall be served on all parties together with Notice of Entry, and the refund required by this decision shall be made immediately thereafter.

Any party may serve a copy of this decision bearing the Clerk's dated stamp of entry together with notice of entry.

The foregoing constitutes the decision, order, and opinion of the Court.

______________________________Hon. Charles J. Markey

Justice, Supreme Court, Queens County

Dated: Long Island City, New York

June 22, 201