Sheehan v. Passidomo — 122 A.D.2d 869

Majority

p. 869

Michael Sheehan, Doing Business as A-No. 1 Autos, Petitioner, v John A. Passidomo, Respondent.

— Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of Motor Vehicles of the State of New York,

p. 870

dated December 20, 1984, which, after a hearing, inter alia, found the petitioner guilty of a violation of Vehicle and Traffic Law § 417, imposed a $525 civil penalty, and suspended the petitioner’s automobile dealer’s license for a period of 45 days.

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

The Administrative Law Judge did not abuse his discretion in considering the opinion testimony of a senior automotive facilities inspector for the Division of Vehicle Safety, Department of Motor Vehicles (see, State Administrative Procedure Act § 306 [1]). We find that the Administrative Law Judge’s findings were supported by substantial evidence and had a rational basis (see, Matter of Collins v Codd, 38 NY2d 269 ). The Commissioner’s suspension of the petitioner’s automobile dealer’s license for a 45-day period was not excessive (see, Matter of Ansbro v McGuire, 49 NY2d 872 , 874). Moreover, this sanction was proper since the petitioner was found to have violated Vehicle and Traffic Law § 417, a statute enacted to protect the safety of the motoring public as well as the vehicle purchaser (see, Pierce v International Harvester Co., 61 AD2d 255 , 259-260). Lawrence, J. P., Eiber, Kooper and Spatt, JJ., concur.

Cases cited

Collins v. Codd 38 NY2d 269 N.Y. 1976-01-06 p. 870
Ansbro v. McGuire 49 NY2d 872 N.Y. 1980-03-25 at 874 p. 870
Pierce v. International Harvester Co. 61 AD2d 255 N.Y. App. Div. 1978-02-17 at 259-260 p. 870