Matter of Cipollaro v New York State Dept. of Motor Vehs.

Matter of Cipollaro v New York State Dept. of Motor Vehs. 2012 NY Slip Op 08649 Decided on December 13, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 13, 2012
Tom, J.P., Sweeny, Moskowitz, Renwick, Clark, JJ.
8795 251046/11

[*1]In re Michael Cipollaro, Petitioner,

v

New York State Department of Motor Vehicles, Respondent.




Michael Cipollaro, petitioner pro se.
Eric T. Schneiderman, Attorney General, New York (Simon
Heller of counsel), for respondent.

Determination of respondent, dated September 24, 2010, which found petitioner in violation of 34 RCNY 4-13(d)(2), and imposed a $200 fine plus the $80 state surcharge, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, Bronx County [Mitchell J. Danziger, J.], entered November 16, 2011), dismissed, without costs.

Respondent's determination was supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). There exists no basis to disturb the credibility determinations of the Administrative Law Judge (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]). Moreover, petitioner's argument that he did not have fair warning that the area where he was pulled over and ticketed was not a designated truck route, is unpreserved as it was not raised at the administrative hearing (see Matter of Palette v City of New York, 208 AD2d 427 [1st Dept 1994], lv
denied 85 NY2d 803 [1995]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 13, 2012

CLERK