Anthony Grace & Sons, Inc. v. New York State Department of Motor Vehicles

—Proceeding pursuant to CPLR article 78 to review a determination of the Appeals Board of the respondent New York State Department of Motor Vehicles, dated August 25, 1998, confirming a decision of an Administrative Law Judge, dated December 5, 1996, which, after a hearing, found the petitioner guilty of violating New York City Traffic Rule 4-15 (b) (9) (34 RCNY 4-15 [b] [9]), and imposed a penalty.

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

“ Tt is well settled that judicial review of a determination rendered by an administrative body after a hearing is limited to whether that determination is supported by substantial evidence upon the entire record’ ” (Matter of Dienna v Appeals Bd., 262 AD2d 409 , quoting Matter of Liuzzo v State of N. Y. Dept. of Motor Vehicles Appeals Bd., 209 AD2d 618 ; see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176 ; Matter of Jones v Hudacs, 221 AD2d 531 , 532). “A reviewing court may not weigh the evidence or reject the choice made by the Hearing Officer where there is conflicting evidence and room for choice exists” (Matter of McQueeney v Dutchess County Sheriff, 223 AD2d 710 , 711).

The respondent’s Appeals Board concluded that there was clear and convincing evidence to support the determination of the Administrative Law Judge (see, Vehicle and Traffic Law § 227 [1]; Matter of Pernick v New York State Dept. of Motor Vehicles, 217 AD2d 630 ) that the petitioner violated New York City Traffic Rule 4-15 (b) (9) (34 RCNY 4-15 [b] [9]). That