Opinion
June 16, 1986
Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.
After reviewing the record we conclude that the findings of fact of the hearing officer were supported by the police officer's testimony and the arrest report, and the respondent's determination was supported by substantial evidence (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130).
We also reject the petitioner's claim that the proceeding against him should have been dismissed because of the failure to hold a hearing within a reasonable time, pursuant to the State Administrative Procedure Act § 301. Absent some showing of substantial prejudice to the petitioner, the mere passage of time, standing alone, does not require dismissal of the proceedings (see, Matter of Geary v. Commissioner of Motor Vehicles of State of N.Y., 59 N.Y.2d 950). As the petitioner retained his driver's license throughout the 14-month period while he awaited a hearing, he did not suffer any substantial prejudice from the delay (see, Matter of Smith v. Commissioner of Motor Vehicles, 103 A.D.2d 865).
Accordingly, the determination is confirmed and the proceeding is dismissed. Mangano, J.P., Gibbons, Brown and Kooper, JJ., concur.