R. Bertil Peterson v. State — 90 A.D.3d 1055

Majority

p. 1055

In the Matter of R. Bertil Peterson, Petitioner, v State of New York Department of Motor Vehicles et al., Respondents.

[934 NYS2d 837]

The determination that the petitioner violated Vehicle and Traffic Law § 1225-c is supported by substantial evidence. The petitioner’s challenge to the administrative determination rests upon an issue of credibility which was primarily for the fact-finder to resolve, and we see no basis to overturn the factfinder’s determination (see Matter of Hildreth v New York State Dept. of Motor Vehs. Appeals Bd., 83 AD3d 838 [2011]). Dillon, J.P., Balkin, Leventhal and Chambers, JJ., concur.

Cases cited

Hildreth v. New York State Department of Motor Vehicles Appeals Board 83 AD3d 838 N.Y. App. Div. 2011-04-12 p. 1055