Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: Deborah S. DIENNA, appellant, v. APPEALS BOARD OF the ADMINISTRATIVE ADJUDICATION BUREAU, et al., respondents.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Appeals Board of the Administrative Adjudication Bureau, dated December 19, 1997, affirming a decision of an Administrative Law Judge of the Department of Motor Vehicles, dated August 12, 1996, which, after a hearing, found the petitioner guilty of violating Vehicle and Traffic Law § 1141 and imposed a penalty.
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
“It is well settled that judicial review of a determination rendered by an administrative body after a hearing is limited to whether that determination is supported by substantial evidence upon the entire record” (Matter of Liuzzo v. State of New York Dept. of Motor Vehicles Appeals Bd., 209 A.D.2d 618, 619 N.Y.S.2d 654; 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 408 N.Y.S.2d 54, 379 N.E.2d 1183). Issues of credibility are for the Administrative Law Judge to determine, and “it is not the role of this [c]ourt to weigh the evidence presented” (Matter of Liuzzo v. State of New York Dept. of Motor Vehicles Appeals Bd., supra, at 618, 619 N.Y.S.2d 654; see, Matter of Simpson v. Wolansky, 38 N.Y.2d 391, 380 N.Y.S.2d 630, 343 N.E.2d 274).
The determination here that the petitioner violated Vehicle and Traffic Law § 1141 is supported by substantial evidence, and there is no reason to disturb it.
The petitioner's remaining contentions are without merit.
MEMORANDUM BY THE COURT.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: June 07, 1999
Court: Supreme Court, Appellate Division, Second Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)