Al-Habshi v. Department of Motor Vehicles

Appellate Division of the Supreme Court of New York

Al-Habshi v. Department of Motor Vehicles

309 A.D.2d 641, 765 N.Y.S.2d 787, 2003 N.Y. App. Div. LEXIS 10995

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 23, 2003

StatusPublished

Cited by1 cases

This text of 309 A.D.2d 641 (Al-Habshi v. Department of Motor Vehicles) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Al-Habshi v. Department of Motor Vehicles, 309 A.D.2d 641, 765 N.Y.S.2d 787, 2003 N.Y. App. Div. LEXIS 10995 (N.Y. Ct. App. 2003).

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Opinion

Determination of respondents, dated September 14, 2001, which, after an administrative hearing, found petitioner guilty of speeding in violation of Vehicle and Trafile Law § 1180 (d) and following too closely behind another vehicle in violation of Vehicle and Traffic Law § 1129 (a), unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Walter Tolub, JJ, entered on or about May 8, 2002), dismissed, with costs.

The testimony of the officer who stopped petitioner for speeding as to his expertise in visually assessing vehicle speeds and as to his observations respecting the speed of petitioner’s vehicle and its manner of operation just prior to the stop, constituted substantial evidence in support of the traffic infractions petitioner was found to have committed (see People v Olsen, 22 NY2d 230, 231 [1968]; Matter of DeOliveira v New York State Dept. of Motor Vehs., 271 AD2d 607 [2000]). Concur — Buckley, P.J., Nardelli, Sullivan, Williams and Lerner, JJ.

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Determination of respondents, dated September 14, 2001, which, after an administrative hearing, found petitioner guilty of speeding in violation of Vehicle and Trafile Law § 1180 (d) and following too closely behind another vehicle in violation of Vehicle and Traffic Law § 1129 (a), unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Walter Tolub, JJ, entered on or about May 8, 2002), dismissed, with costs.

The testimony of the officer who stopped petitioner for speeding as to his expertise in visually assessing vehicle speeds and as to his observations respecting the speed of petitioner’s vehicle and its manner of operation just prior to the stop, constituted substantial evidence in support of the traffic infractions petitioner was found to have committed (see People v Olsen, 22 NY2d 230, 231 [1968]; Matter of DeOliveira v New York State Dept. of Motor Vehs., 271 AD2d 607 [2000]). Concur — Buckley, P.J., Nardelli, Sullivan, Williams and Lerner, JJ.

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Bluebook (online)

309 A.D.2d 641, 765 N.Y.S.2d 787, 2003 N.Y. App. Div. LEXIS 10995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/al-habshi-v-department-of-motor-vehicles-nyappdiv-2003.

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