Matter of Stamos v. Appeals Bd. of Yonkers Parking Violations Bur.

137 A.D.3d 1152, 26 N.Y.S.3d 881

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 23, 2016
• Docket: 2015-05324
• Status: Published

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the Appeals Board of the Yonkers Parking Violations Bureau dated October 29, 2014, affirming a determination of an administrative law judge dated May 21, 2014, which, after a hearing, found that the petitioner violated Vehicle and Traffic Law § 306 (b), and imposed a penalty.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

Judicial review of an administrative determination made after a hearing at which evidence was taken is limited to whether the determination is supported by substantial evidence based upon the entire record (see CPLR 7803 [4]; Matter of Snitow v New York State Dept. of Motor Vehs., 121 AD3d 1008 [2014]). Substantial evidence is “such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact” (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180 [1978]).

Here, substantial evidence supports the determination that the petitioner violated Vehicle and Traffic Law § 306 (b) (see Matter of Milord v New York State Dept. of Motor Vehs., 125 AD3d 972 [2015]).

Rivera, J.R, Balkin, Cohen and Barros, JJ., concur.