Matter of Moore v State of N.Y. Dept. of Motor Vehs. (2014 NY Slip Op 03349)

Matter of Moore v State of N.Y. Dept. of Motor Vehs.

2014 NY Slip Op 03349 [117 AD3d 484]

May 8, 2014

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, July 2, 2014

[*1]

In the Matter of Jeanne Moore, M.D., Petitioner,
v
State of New York Department of Motor Vehicles, Respondent.

Jeanne Moore, petitioner pro se.

Eric T. Schneiderman, Attorney General, New York (Judith Vale of counsel), for respondent.

Determination of respondent's appeals board, which affirmed, after a hearing, petitioner's traffic conviction, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Doris Ling-Cohan, J.], entered July 9, 2013), dismissed, without costs.

Respondent's determination is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). The officer who issued the subject summons testified that he observed petitioner driving her scooter at an excessive speed and making numerous lane changes without signaling (see 34 RCNY 4-02 [c]; Matter of Nelke v Department of Motor Vehs. of the State of N.Y., 79 AD3d 433 [1st Dept 2010]). Concur—Saxe, J.P., Moskowitz, Freedman, Gische and Kapnick, JJ.