Appellate Division of the Supreme Court of New York, 1983

Government Employees Insurance v. Commissioner of Motor Vehicles

Government Employees Insurance v. Commissioner of Motor Vehicles
Appellate Division of the Supreme Court of New York · Decided December 5, 1983
98 A.D.2d 708; 469 N.Y.S.2d 108; 1983 N.Y. App. Div. LEXIS 21011
Government Employees Insurance v. Commissioner of Motor Vehicles

Opinion of the Court

*709Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of Motor Vehicles of the State of New York, dated January 24,1982, which, after a hearing, found petitioner to be in violation of 15 NYCRR 82.4 (a) (11) and imposed a civil penalty of $100. Determination confirmed and proceeding dismissed on the merits, with costs. There is substantial evidence in the record to support the commissioner’s determination that petitioner had engaged in a course of conduct which unduly delayed or impaired its insured’s right to a fair recovery (see Matter of Purdy v Kreisberg, 47 NY2d 354; 300 Gramatan Ave. Assoc, v State Div. of Human Rights, 45 NY2d 176, 179; Matter of Pell v Board of Educ., 34 NY2d 222). We have considered petitioner’s other contentions and find them to be without merit. Titone, J. P., Thompson, O’Connor and Rubin, JJ., concur.

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