Matter of Zwerin v New York State Dept. of Motor Vehicles
Decided on October 18, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
(Index No. 34051/10)
[*1]In the Matter of Stephen I. Zwerin, petitioner,
New York State Department of Motor Vehicles, respondent.
Lester Schwab Katz & Dwyer, LLP, New York, N.Y. (Harry
Steinberg of counsel), for petitioner.
Eric T. Schneiderman, Attorney General, New York, N.Y.
(Benjamin Gutman, Richard O. Jackson, and
Leslie B. Dubeck of counsel), for
DECISION & JUDGMENT
Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Appeals Board dated July 27, 2010, affirming a determination of an administrative law judge dated December 3, 2009, which, after a hearing, found that the petitioner had violated Vehicle and Traffic Law § 1141 and suspended his driver's license for a stated period of time.
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
Contrary to the petitioner's contention, the determination that he violated Vehicle and Traffic Law § 1141 by failing to yield the right of way is supported by substantial evidence (see Matter of Ridge Rd. Fire Dist. v Schiano, 16 NY3d 494, 499; Matter of Rosenhauch v Swarts, 85 AD3d 1187, 1187-1188; Matter of Kobel v State of N.Y. Dept. of Motor Vehs. Appeals Bd., 85 AD3d 916, 916-917).
MASTRO, J.P., ANGIOLILLO, BELEN and LOTT, JJ., concur.
Matthew G. Kiernan
Clerk of the Court