Opinion
5198 Index 250807/16
12-14-2017
In re Lloyd N. GIBBS, Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, et al., Respondents.
Lloyd N. Gibbs, petitioner pro se. Eric T. Schneiderman, Attorney General, New York (David Lawrence III of counsel), for respondents.
Lloyd N. Gibbs, petitioner pro se.
Eric T. Schneiderman, Attorney General, New York (David Lawrence III of counsel), for respondents.
Friedman, J.P., Kahn, Gesmer, Kern, Moulton, JJ.
Determination of respondents, dated June 13, 2016, affirming a decision of an Administrative Law Judge (ALJ), which, after a hearing, found that petitioner violated Vehicle and Traffic Law (VTL) § 509(1) and § 1211(a) and imposed an aggregate fine of $266, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order, Supreme Court, Bronx County [Julia Rodriguez, J.], entered August 2, 2016), dismissed, without costs.
The finding that petitioner backed up in a manner that was unsafe or interfered with traffic, in violation of VTL 1211(a), is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180–181, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ). A police officer testified at the hearing that he observed petitioner back up in a manner that caused other cars to swerve to another lane to avoid an accident. Petitioner's contention that the ALJ should have credited his testimony that he backed up safely is unavailing (see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443–444, 522 N.Y.S.2d 478, 517 N.E.2d 193 [1987] ).
The ALJ properly denied petitioner's request to dismiss the charge of unlicensed driving ( VTL 509[1] ) on the ground that the officer lacked probable cause to stop petitioner's car, since the officer's observation of petitioner backing up unsafely provided such probable cause.
Petitioner fails to demonstrate that the ALJ's findings resulted from bias (see Matter of Warder v. Board of Regents of Univ. of State of N.Y., 53 N.Y.2d 186, 197, 440 N.Y.S.2d 875, 423 N.E.2d 352 [1981 ], cert denied 454 U.S. 1125, 102 S.Ct. 974, 71 L.Ed.2d 112 [1981] ; see also Matter of Stone v. City of New York, 240 A.D.2d 216, 658 N.Y.S.2d 589 [1st Dept. 1997] ).
Petitioner's evidentiary challenges to the hearing are unpreserved (see Matter of Palleschi v. Cassano, 102 A.D.3d 603, 604, 959 N.Y.S.2d 56 [1st Dept. 2013] ), and this Court has "no discretionary authority" to "reach[ ] an unpreserved issue in the interest of justice" in an article 78 proceeding challenging an administrative determination (Matter of Khan v. New York State Dept. of Health, 96 N.Y.2d 879, 880, 730 N.Y.S.2d 783, 756 N.E.2d 71 [2001] [internal quotation marks omitted] ).