Appellate Division of the Supreme Court of New York, 2014

Moore v. State Department of Motor Vehicles

Moore v. State Department of Motor Vehicles
Appellate Division of the Supreme Court of New York · Decided May 8, 2014 · Freedman, Gische, Kapnick, Moskowitz, Saxe
117 A.D.3d 484; 985 N.Y.S.2d 239
Moore v. State Department of Motor Vehicles

Opinion of the Court

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.E, Moskowitz, Freedman, Gische and Kapnick, JJ.

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