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MATTER OF SMILOW v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES

2011-04404.

95 A.D.3d 1023 (2012)

944 N.Y.S.2d 248

2012 NY Slip Op 3652

In the Matter of MARK D. SMILOW, Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES et al., Respondents.

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

Decided May 8, 2012.

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

The determination that the petitioner "operate[d] a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle [was] in motion" (Vehicle and Traffic Law § 1225-c [2] [a]) was supported by substantial evidence (see generally Matter of Peterson...

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