Legal Opinion
Fischer v. Appeals Board of New York State Department of Motor Vehicles
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 2008PublishedCited by 3 opinions
1Opinion of the Court
*644The determination that the petitioner violated Vehicle and Traffic Law § 1111 (d) (1) is supported by substantial evidence and must be confirmed (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 179 [1978]; Matter of Resciniti v Department of Motor Vehs. of State of N.Y., 255 AD2d 589 [1998]; Matter of Bailen v Commissioner of Motor Vehs., 147 AD2d 560, 561 [1989]). 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 J. Bruno Sons, Inc. v Martinez, 15 AD3d…
2Cases cited5 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Kahn v. State of New York Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1987
- Ballen v. Commissioner of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1989
- J. Bruno Sons, Inc. v. MartinezAppellate Division of the Supreme Court of the State of New York · 2005
- Resciniti v. Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by3 opinions
- D'Antonio v. State of New York Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2010
- Herskovic v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2008
- Matter of Lochwyn v. New York State Dept. of Motor Vehs.Appellate Division of the Supreme Court of the State of New York · 2018