Opinion

Tornheim v. Appeals Board

  • 82 A.D.3d 1253
  • 919 N.Y.2d 863
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Mar 29, 2011
Status
Published
Cited by
2 cases
Authority
More cited than 57.3%

The opinion

The determination of the Administrative Law Judge that the petitioner violated Vehicle and Traffic Law § 1225-c (2) (a) is supported by substantial evidence (see Matter of Desvignes v State of N.Y. Dept. of Motor Vehs., 71 AD3d 766 [2010]; Matter of Hall v Swartz, 61 AD3d 868 [2009]). The Appeals Board of the New York State Department of Motor Vehicles properly declined to consider evidence that was not presented at the hearing, but instead, was presented for the first time on the petitioner’s administrative appeal (see Matter of Charles Birdoff & Co. v New York State Div. of Hous. & Community Renewal, 204 AD2d 630, 631 [1994]).

The petitioner’s remaining contentions are without merit. Covello, J.E, Dickerson, Hall and Lott, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.