Caci v. New York State Department of Motor Vehicles

Appellate Division of the Supreme Court of New York

Caci v. New York State Department of Motor Vehicles

280 A.D.2d 887, 720 N.Y.S.2d 435, 2001 N.Y. App. Div. LEXIS 1179

Appellate Division of the Supreme Court of the State of New York·Decided February 7, 2001·Published

Opinion

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: There is substantial evidence to support the determination that petitioner was exceeding the speed limit when his vehicle collided with another vehicle and that the excessive speed was a contributing cause of [888]*888the fatal accident (see, Matter of Neiman v State of New York Dept. of Motor Vehicles Appeals Bd., 265 AD2d 558; see generally, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 181). The penalty is not so disproportionate to the offense as to shock one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222, 234-235). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Erie County, Kane, J.) Present — Pigott, Jr., P. J., Pine, Wisner, Scudder and Lawton, JJ.

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—Determination unanimously confirmed without costs and petition dismissed. Memorandum: There is substantial evidence to support the determination that petitioner was exceeding the speed limit when his vehicle collided with another vehicle and that the excessive speed was a contributing cause of [888]*888the fatal accident (see, Matter of Neiman v State of New York Dept. of Motor Vehicles Appeals Bd., 265 AD2d 558; see generally, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 181). The penalty is not so disproportionate to the offense as to shock one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222, 234-235). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Erie County, Kane, J.) Present — Pigott, Jr., P. J., Pine, Wisner, Scudder and Lawton, JJ.

Caci v. New York State Department of Motor Vehicles, 280 A.D.2d 887, 720 N.Y.S.2d 435, 2001 N.Y. App. Div. LEXIS 1179 (N.Y. Ct. App. 2001).

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280 A.D.2d 887 (Caci v. New York State Department of Motor Vehicles) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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