Matter of Franco v. Fiala

Appellate Division of the Supreme Court of New York

Matter of Franco v. Fiala

2017 NY Slip Op 1638, 148 A.D.3d 427, 47 N.Y.S.3d 710

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

DecidedMarch 2, 2017

Docket3316 101943/15

StatusPublished

This text of 2017 NY Slip Op 1638 (Matter of Franco v. Fiala) 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.

Bluebook

Matter of Franco v. Fiala, 2017 NY Slip Op 1638, 148 A.D.3d 427, 47 N.Y.S.3d 710 (N.Y. Ct. App. 2017).

Pincite

Opinion

Determina *428 tion of respondents dated July 6, 2015, which, after a hearing, fined petitioner based on his 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 [Barbara Jaffe, J.], entered February 25, 2016), dismissed, without costs.

Substantial evidence supports respondents’ determination (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 181-182 [1978]) that petitioner failed to exercise due care while operating his vehicle and struck the pedestrian as she crossed the street, ultimately resulting in her death (Vehicle and Traffic Law § 1146; see e.g. Matter of Montagnino v Fiala, 106 AD3d 1090, 1091 [2d Dept 2013]).

Concur — Friedman, J.P., Andrias, Feinman, Kapnick and Gesmer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Determina *428 tion of respondents dated July 6, 2015, which, after a hearing, fined petitioner based on his 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 [Barbara Jaffe, J.], entered February 25, 2016), dismissed, without costs.

Substantial evidence supports respondents’ determination (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 181-182 [1978]) that petitioner failed to exercise due care while operating his vehicle and struck the pedestrian as she crossed the street, ultimately resulting in her death (Vehicle and Traffic Law § 1146; see e.g. Matter of Montagnino v Fiala, 106 AD3d 1090, 1091 [2d Dept 2013]).

Concur — Friedman, J.P., Andrias, Feinman, Kapnick and Gesmer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

2017 NY Slip Op 1638, 148 A.D.3d 427, 47 N.Y.S.3d 710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-franco-v-fiala-nyappdiv-2017.

Opinion

Related

Cite This Page — Counsel Stack