Rosenthal v. Hartnett

In this article 78 CPLR proceeding petitioner seeks an order reviewing and annulling the respondents’ determination, reached after a hearing before the respondent hearing officer and affirmed in administrative review proceedings, finding petitioner guilty of a violation of section 1180 of the Vehicle and Traffic Law (speeding). Petitioner asserts that the determination was arbitrary and that the section of that statute (Vehicle and Traffic Law, § 227, subd. 1) which prescribes the necessary quantum of proof in the administrative proceedings held herein is unconstitutional.

That section…