Matter of Franco v. Fiala

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

Opinion

Determina 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.