Appellate Division of the Supreme Court of New York, 2008

Herskovic v. New York State Department of Motor Vehicles

Herskovic v. New York State Department of Motor Vehicles
Appellate Division of the Supreme Court of New York · Decided December 2, 2008
57 A.D.3d 546; 867 N.Y.2d 703
Herskovic v. New York State Department of Motor Vehicles

Opinion of the Court

The determination that the petitioner violated Vehicle and Traffic Law § 1111 (d) (1) and § 1229-c (3-a) is supported by substantial evidence. Issues of credibility were primarily for the fact-finder to resolve and we see no basis to overturn the fact-finder’s determination (see Matter of Fischer v Appeals Bd. of N.Y. State Dept. of Motor Vehs., 49 AD3d 643 [2008]).

The petitioner’s remaining contentions are without merit. Ritter, J.R, Florio, Miller and Garni, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.