SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
December 2, 2008
IN THE MATTER OF YEHUDA HERSKOVIC, PETITIONER,
NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, RESPONDENT.
Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Appeals Board dated April 4, 2007, which affirmed a determination of an Administrative Law Judge dated December 5, 2005, after a hearing, that the petitioner violated Vehicle and Traffic Law §§ 1111(d)(1) and 1229-c(3-a), and imposed a penalty.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DAVID S. RITTER, J.P., ANITA R. FLORIO, HOWARD MILLER and EDWARD D. CARNI, JJ.
(Index No. 25256/07)
DECISION & JUDGMENT
ADJUDGED that the determination dated April 4, 2007, is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
The determination that the petitioner violated Vehicle and Traffic Law §§ 1111(d)(1) and 1229-c(3-a) is supported by substantial evidence. Issues of credibility were primarily for the fact-finder to resolve and we see no basis to overturn the fact-finder's determination (see Matter of Fischer v Appeals Bd. of N.Y. State Dept. of Motor Vehs., 49 AD3d 643).
The petitioner's remaining contentions are without merit.
RITTER, J.P., FLORIO, MILLER and CARNI, JJ., concur.
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