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IN THE MATTER OF LEWENSTEIN v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES

6 A.D.3d 715 (2004)

775 N.Y.S.2d 537

In the Matter of FLORIAN LEWENSTEIN, Appellant, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent.

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

April 26, 2004.

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

Contrary to the petitioner's contention, the respondent's finding that he was guilty of violating a traffic rule requiring a motorist to yield to a pedestrian was supported by substantial evidence in the record (see Matter of Berenhaus v Ward, 70 N.Y.2d 436, 445 [1987]). Moreover, under the circumstances...

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