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In the Matter of ANTHONY GRACE SON, INC., petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, respondent.

DECISION JUDGMENT

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

"It 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 Board of the Administrative Adjudication Bureau, 262 A.D.2d 409 [2d Dept., June 7, 1999], quoting Matter of Liuzzo v. State of New York Dept. of Motor Vehicles Appeals Bd., 209 A.D.2d 618; see, 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176; Matter of Jones v. Hudacs, 221 A.D.2d 531, 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 A.D.2d 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 Traffic Law § 227 Veh. Traf. [1]; Matter of Pernick v. New York State Dept. of Motor Vehicles, 217 A.D.2d 630) that the petitioner violated New York City Traffic Rule 4-15(b)(9). That conclusion is supported by substantial evidence, and there is no reason to disturb it.

BRACKEN, J.P., ALTMAN, FRIEDMANN,, and H. MILLER, JJ., concur.

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MATTER, ANTHONY GRACE SONS v. STATE D.M.V
(Nov 30, 1999)