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Matter of Howe v. Adduci

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1996
226 A.D.2d 377 (N.Y. App. Div. 1996)

Opinion

April 1, 1996


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

To annul an administrative determination made after a hearing, the court must conclude that the determination is not supported by substantial evidence on the record when read as a whole ( see, Matter of Lahey v. Kelly, 71 N.Y.2d 135). The record here amply supports the petitioner's speeding conviction.

The police officer who issued the summons offered credible testimony that he received specialized training in both visual estimates of speed as well as the use of radar devices in the determination of speed. He testified that he initially observed the defendant approach him from behind and estimated his speed to be 52 miles per hour. After beginning his pursuit of the petitioner, he determined that the petitioner was driving at 51 miles per hour in a 30-miles-per-hour zone. Accordingly, the Administrative Law Judge's determination was supported by substantial evidence ( see, People v. Knight, 72 N.Y.2d 481, 488).

The petitioner's remaining contentions are without merit. Mangano, P.J., Miller, Ritter and Hart, JJ., concur.


Summaries of

Matter of Howe v. Adduci

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1996
226 A.D.2d 377 (N.Y. App. Div. 1996)
Case details for

Matter of Howe v. Adduci

Case Details

Full title:In the Matter of ROYDEL L. HOWE, Petitioner, v. PATRICIA B. ADDUCI, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 1, 1996

Citations

226 A.D.2d 377 (N.Y. App. Div. 1996)
640 N.Y.S.2d 225

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