Herskovic v. New York State Department of Motor Vehicles

The determination that the petitioner violated Vehicle and Traffic Law § 1111 (d) (1) and § 1229-c (3-a) is supported by substantial evidence. Issues of credibility were primarily for the fact-finder to resolve and we see no basis to overturn the fact-finder’s determination (see Matter of Fischer v Appeals Bd. of N.Y. State Dept. of Motor Vehs., 49 AD3d 643 [2008]).

The petitioner’s remaining contentions are without merit. Ritter, J.R, Florio, Miller and Garni, JJ., concur.