Caci v. New York State Department of Motor Vehicles

Majority

p. 887

In the Matter of Gerald Caci, III, Petitioner, v New York State Department of Motor Vehicles, Respondent.

[720 NYS2d 435]

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: There is substantial evidence to support the determination that petitioner was exceeding the speed limit when his vehicle collided with another vehicle and that the excessive speed was a contributing cause of

p. 888

the fatal accident (see, Matter of Neiman v State of New York Dept. of Motor Vehicles Appeals Bd., 265 AD2d 558 ; see generally, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176 , 181). The penalty is not so disproportionate to the offense as to shock one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222 , 234-235). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Erie County, Kane, J.) Present — Pigott, Jr., P. J., Pine, Wisner, Scudder and Lawton, JJ.

Cases cited

Neiman v. State of New York Dept. of Motor Vehicles Appeals Board 265 AD2d 558 N.Y. App. Div. 1999-10-25 p. 888
300 Gramatan Avenue Associates v. State Division of Human Rights 45 NY2d 176 N.Y. 1978-07-13 at 181 p. 888
Pell v. Board of Education 34 NY2d 222 N.Y. 1974-05-15 at 234-235 p. 888