Chu v. Fiala

Appellate Division of the Supreme Court of New York

Chu v. Fiala

117 A.D.3d 585, 986 N.Y.S.2d 105

Appellate Division of the Supreme Court of the State of New York·Decided May 20, 2014·Published·Cited by 1 cases

Opinion

Determination of respondent Department of Motor Vehicles Appeals Board, which after a hearing, suspended petitioner’s driver’s license for 31 days based on a violation of Vehicle and Traffic Law § 1146, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Carol E. Huff, J.], entered September 27, 2013), dismissed, without costs.

Substantial evidence supports the determination (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). Such evidence, including eyewitness [586] testimony, shows that petitioner failed to exercise due care, and struck the pedestrian as she crossed the street, ultimately resulting in the pedestrian’s death (see e.g. Matter of Montagnino v Fiala, 106 AD3d 1090 [2d Dept 2013]).

Concur—Mazzarelli, J.E, Acosta, Andrias, Saxe and Clark, JJ.

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Determination of respondent Department of Motor Vehicles Appeals Board, which after a hearing, suspended petitioner’s driver’s license for 31 days based on a violation of Vehicle and Traffic Law § 1146, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Carol E. Huff, J.], entered September 27, 2013), dismissed, without costs.

Substantial evidence supports the determination (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). Such evidence, including eyewitness [586] testimony, shows that petitioner failed to exercise due care, and struck the pedestrian as she crossed the street, ultimately resulting in the pedestrian’s death (see e.g. Matter of Montagnino v Fiala, 106 AD3d 1090 [2d Dept 2013]).

Concur—Mazzarelli, J.E, Acosta, Andrias, Saxe and Clark, JJ.

Chu v. Fiala, 117 A.D.3d 585, 986 N.Y.S.2d 105 (N.Y. Ct. App. 2014).

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Opinion

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