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Gruber v. Adduci
Citations: 222 A.D.2d 434; 634 N.Y.S.2d 528; 1995 N.Y. App. Div. LEXIS 12495
Court: Appellate Division of the Supreme Court of the State of New York; December 3, 1995; New York; State Appellate Court
Proceeding under CPLR article 78, the case reviews a determination by the New York State Department of Motor Vehicles' Appeals Board dated January 25, 1994, which upheld an Administrative Law Judge's finding from February 11, 1993, that the petitioner violated Vehicle and Traffic Law § 1180(d) for excessive speeding. The court confirmed the Appeals Board's determination and dismissed the proceeding on its merits, imposing costs on the petitioner. The court found substantial evidence supporting the speeding determination, referencing precedents such as Matter of Hirsch v New York State Dept. of Motor Vehicles and People v Olsen. Additionally, the petitioner was not denied due process during the administrative hearing, as established by cases like Matter of Prisoners’ Legal Servs. v New York State Dept. of Correctional Servs. and Matter of Cole v New York State Dept. of Educ. As a consequence of the ruling, the petitioner’s driver’s license was revoked for six months. However, the petitioner is entitled to a 64-day credit towards this revocation period, starting from February 9, 1994, when an administrative stay was lifted, until April 14, 1994, when another stay was granted by the Supreme Court. Other arguments presented by the petitioner were deemed either unpreserved for review or without merit. The decision was concurred by Justices Mangano, Balletta, Copertino, and Hart.