Ortenberg v. Commissioner of Motor Vehicles

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which, inter alia, suspended petitioner’s driving license and privileges for 45 days.

In our view, the Administrative Law Judge correctly rejected petitioner’s contention that the Department of Motor Vehicles was required to prove petitioner’s guilt under the "clear and convincing” standard set forth in Vehicle and Traffic Law § 227 (1). That statute applies to hearings held under Vehicle and Traffic Law article 2-A. Petitioner’s…