| Matter of Cipollaro v New York State Dept. of Motor Vehs. |
| 2012 NY Slip Op 08649 [101 AD3d 508] |
| December 13, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Michael Cipollaro, Petitioner, v New York State Department of Motor Vehicles, Respondent. |
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Eric T. Schneiderman, Attorney General, New York (Simon Heller of counsel), for
respondent.
Determination of respondent, dated September 24, 2010, which found petitioner in violation of 34 RCNY 4-13 (d) (2), and imposed a $200 fine plus the $80 state surcharge, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, Bronx County [Mitchell J. Danziger, J.], entered November 16, 2011), dismissed, without costs.
Respondent's determination was supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). There exists no basis to disturb the credibility determinations of the administrative law judge (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]). Moreover, petitioner's argument that he did not have fair warning that the area where he was pulled over and ticketed was not a designated truck route, is unpreserved as it was not raised at the administrative hearing (see Matter of Palette v City of New York, 208 AD2d 427 [1st Dept 1994], lv denied 85 NY2d 803 [1995]). Concur—Tom, J.P., Sweeny, Moskowitz, Renwick and Clark, JJ.