Henig v. State of New York Department of Motor Vehicles

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Department of Motor Vehicles, dated June 19, 1985, which sustained a finding of an Administrative Law Judge that the petitioner had violated Vehicle and Traffic Law § 1180 (d).

Determination confirmed and proceeding dismissed on the merits, with costs.

The respondent sustained its burden of proving that the petitioner violated Vehicle and Traffic Law § 1180 (d). The arresting officer sufficiently established the accuracy of the radar device by using two tuning forks and an internal calibration test before and…