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SILVER v. STATE OF NEW YORK DEP'T OF MOTOR VEHICLES

108 A.D.2d 848 (1985)

Michael Silver, Petitioner, v. State of New York Department of Motor Vehicles, Respondent

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

February 19, 1985

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

A review of the record clearly establishes by "clear and convincing evidence" (Vehicle and Traffic Law § 227 [1]), that petitioner violated Vehicle and Traffic Law § 1180 (d) by driving his vehicle at a speed of approximately 25 miles per hour above the permissible speed limit. The evidence consisted of a reading obtained from a tested...

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