MATTER OF GRAF v. FOSCHIO


102 A.D.2d 891 (1984)

In the Matter of Peter G. Graf, Petitioner, v. Leslie G. Foschio, as Commissioner of The New York State Department of Motor Vehicles, et al., Respondents

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

June 25, 1984


¶ Determination confirmed and proceeding dismissed on the merits, with costs.

¶ Review of the record establishes that respondents sustained their burden of proving by "clear and convincing evidence" (Vehicle and Traffic Law, § 227, subd 1), that petitioner had violated subdivision (b) of section 1180 of the Vehicle and Traffic Law by operating a vehicle at 64 miles per hour in an area posted with a 50 mile per hour limit. The arresting officer sufficiently...

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