Legal Opinion

Silver v. State Department of Motor Vehicles

Appellate Division of the Supreme Court of the State of New York

Decided February 19, 1985PublishedCited by 2 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the New *849York State Department of Motor Vehicles, dated January 19, 1984, which revoked petitioner’s driver’s license for violating Vehicle and Traffic Law § 1180 (d).

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

A review of the record clearly establishes by “clear and convincing evidence” (Vehicle and Traffic Law § 227 [1]), that petitioner violated Vehicle and Traffic Law § 1180 (d) by driving his vehicle at a speed of approximately 25 miles per hour above the permissible speed limit. The…

2Cases cited3 opinions

  1. People v. OlsenNew York Court of Appeals · 1968
  2. Graf v. FoschioAppellate Division of the Supreme Court of the State of New York · 1984
  3. Lovenheim v. FoschioAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by2 opinions

  1. People v. CorreiaJustice Court of Village of Muttontown · 1988
  2. Marshall v. BermanAppellate Division of the Supreme Court of the State of New York · 1987

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