IN RE: Fanny CHU

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IN RE: Fanny CHU, Petitioner, v. Barbara J. FIALA, etc., et al., Respondents.

Decided: May 20, 2014

MAZZARELLI, J.P., ACOSTA, ANDRIAS, SAXE, CLARK, JJ. Martin A. Kron and Associates, LLP, New York (Daniel L. Kron of counsel), for petitioner. Eric T. Schneiderman, Attorney General, New York (Judith Vale of counsel), for respondents.

Determination of respondent Department of Motor Vehicles Appeals Board, which after a hearing, suspended petitioner's driver's license for 31 days based on a violation of Vehicle and Traffic Law § 1146, 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 [Carol E. Huff, J.], entered September 27, 2013), dismissed, without costs.

Substantial evidence supports the determination (see generally 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180–181 [1978] ). Such evidence, including eyewitness testimony, shows that petitioner failed to exercise due care, and struck the pedestrian as she crossed the street, ultimately resulting in the pedestrian's death (see e.g. Matter of Montagnino v. Fiala, 106 AD3d 1090 [2d Dept 2013] ).