Matter of Moore v State of N.Y. Dept. of Motor Vehs.

Matter of Moore v State of N.Y. Dept. of Motor Vehs. 2014 NY Slip Op 03349 Decided on May 8, 2014 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 May 8, 2014
Saxe, J.P., Moskowitz, Freedman, Gische, Kapnick, JJ.
12437 104252/12

[*1]In re Jeanne Moore, MD, Petitioner,

v

State of New York Department of Motor Vehicles, Respondent.




Jeanne Moore, petitioner pro se.
Eric T. Schneiderman, Attorney General, New York (Judith
Vale of counsel), for respondent.

Determination of respondent's appeals board, which affirmed, after a hearing, petitioner's traffic conviction, 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 [Doris Ling-Cohan, J.], entered July 9, 2013), dismissed, without costs.

Respondent's determination is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). The officer who issued the subject summons testified that he observed petitioner driving her scooter at an excessive speed and making numerous
lane changes without signaling (see 34 RCNY 4-02[c]; Matter of Nelke v Department of Motor Vehs. of the State of N.Y., 79 AD3d 433 [1st Dept 2010]).

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

ENTERED: MAY 8, 2014

CLERK