| Matter of Tornheim v Appeals Bd. of N.Y. State Dept. of MotorVehs. |
| 2011 NY Slip Op 02688 [82 AD3d 1253] |
| March 29, 2011 |
| Appellate Division, Second Department |
| In the Matter of Yehuda Tornheim, Petitioner, v AppealsBoard of New York State Department of Motor Vehicles,Respondent. |
—[*1] Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek andPatrick J. Walsh of counsel), for respondent.
Proceeding pursuant to CPLR article 78 to review a determination of the Appeals Board ofthe New York State Department of Motor Vehicles dated December 17, 2008, which affirmed adetermination of an administrative law judge dated April 4, 2008, made after a hearing, that thepetitioner violated Vehicle and Traffic Law § 1225-c (2) (a), and imposed a fine of $40plus a surcharge.
Adjudged that the determination dated December 17, 2008, is confirmed, the petition isdenied, and the proceeding is dismissed on the merits, with costs.
The determination of the Administrative Law Judge that the petitioner violated Vehicle andTraffic Law § 1225-c (2) (a) is supported by substantial evidence (see Matter ofDesvignes v State of N.Y. Dept. of Motor Vehs., 71 AD3d 766 [2010]; Matter of Hall vSwartz, 61 AD3d 868 [2009]). The Appeals Board of the New York State Department ofMotor Vehicles properly declined to consider evidence that was not presented at the hearing, butinstead, was presented for the first time on the petitioner's administrative appeal (see Matterof Charles Birdoff & Co. v New York State Div. of Hous. & Community Renewal, 204AD2d 630, 631 [1994]).
The petitioner's remaining contentions are without merit. Covello, J.P., Dickerson, Hall andLott, JJ., concur.