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MATTER OF MARSHALL v. BERMAN

130 A.D.2d 661 (1987)

In the Matter of Dennis Marshall, Petitioner, v. Arthur C. Berman et al., Respondents

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

May 18, 1987

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

A review of the record establishes that the Department of Motor Vehicles sustained its burden of proving by clear and convincing evidence (see, Vehicle and Traffic Law § 227 [1]), that the petitioner violated Vehicle and Traffic Law § 1180 by operating a vehicle at a speed of 68 miles per hour in an area posted with a 50-mile-per-hour limit (

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