DeROOY v. MARTINEZ (2006)

Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination revoking his driver's license based on his violation of Vehicle and Traffic Law § 1141, which resulted in an accident causing the death of a person operating a motorcycle.   Contrary to petitioner's contention, the determination is supported by substantial evidence (see Matter of Mabins v. New York State Dept. of Motor Vehs. Appeals Bd., 294 A.D.2d 933, 741 N.Y.S.2d 778;  see generally 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 181-182, 408 N.Y.S.2d 54, 379 N.E.2d 1183).   The hearing testimony establishes that petitioner failed to yield the right of way to decedent, whose motorcycle was “so close” to the intersection “as to constitute an immediate hazard” when petitioner attempted to make a left turn (§ 1141).   Contrary to petitioner's further contention, the penalty of revocation is not shocking to one's sense of fairness under the circumstances of this case (see generally Matter of Kelly v. Safir, 96 N.Y.2d 32, 38, 724 N.Y.S.2d 680, 747 N.E.2d 1280, rearg. denied 96 N.Y.2d 854, 729 N.Y.S.2d 670, 754 N.E.2d 773).   We have examined petitioner's remaining contentions and conclude that they are lacking in merit.

It is hereby ORDERED that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

MEMORANDUM: