Opinion
April 2, 1982
Appeal from the Supreme Court, Monroe County, Mastrella, J.
Present — Dillon, P.J., Simons, Hancock, Jr., Callahan and Doerr, JJ.
Determination unanimously confirmed, without costs, and petition dismissed. Memorandum: In this CPLR article 78 proceeding (transferred pursuant to CPLR 7804, subd [g]), petitioner seeks review of a determination, after a hearing, of the Administrative Law Judge, affirmed by the Appeal Board of the Department of Motor Vehicles, finding him guilty of a violation of subdivision (d) of section 1180 Veh. Traf. of the Vehicle and Traffic Law in that he was driving 68 miles per hour in a 35 mile per hour zone and imposing the penalty of a $150 fine and a 30-day suspension of his driver's license. This was petitioner's second speeding conviction in 18 months. We conclude that the determination "is supported by substantial evidence upon the entire record" ( Matter of Purdy v. Kreisberg, 47 N.Y.2d 354; 358; see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 181; Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 230-232) and that the penalty imposed is not "'"'so disproportionate to the offense, in light of all of the circumstances, as to be shocking to one's sense of fairness.'"'" ( Matter of Purdy v. Kreisberg, supra, p 360, quoting Matter of Pell v. Board of Educ., supra, p 233.)