Smilow v. New York State Department of Motor Vehicles

Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Appeals Board dated July 13, 2010, which confirmed the findings of an administrative law judge, made after a hearing, that the petitioner violated Vehicle and Traffic Law § 1225-c (2) (a), and imposed a penalty.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

*1024The determination that the petitioner “operate[d] a motor vehicle upon a public highway while using a mobile telephone to engage in a call while…