IN RE: Daniel P. D'Antonio (2010)

Submitted-February 22, 2010

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 to review a determination of the State of New York Department of Motor Vehicles Appeals Board dated October 3, 2008, which affirmed a determination of an administrative law judge dated February 7, 2008, made after a hearing, that the petitioner violated New York City Traffic Rules and Regulations (34 RCNY) § 4-04(b)(1), and imposed a penalty.

ADJUDGED that the determination dated October 3, 2008, is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The determination that the petitioner violated New York City Traffic Rules and Regulations (34 RCNY) § 4-04(b)(1) is supported by substantial evidence and must be confirmed (see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 179;  Matter of Resciniti v Department of Motor Vehs. of State of N.Y., 255 A.D.2d 589;  Matter of Ballen v Commissioner of Motor Vehs., 147 A.D.2d 560, 561).   The petitioner's challenge to the administrative determination rests upon an issue of credibility which was primarily for the fact-finder to resolve (see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 444-445;  Matter of Fischer v Appeals Bd. of N.Y. State Dept. of Motor Vehs., 49 AD3d 643, 644;  Matter of J. Bruno Sons, Inc. v Martinez, 15 AD3d 485, 486;  Matter of Kahn v State of N.Y. Dept. of Motor Vehs., 134 A.D.2d 594).

The petitioner's remaining contentions are either not properly before this Court or without merit.

RIVERA, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court