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

57 A.D.3d 546 (2008)

867 N.Y.S.2d 703

In the Matter of YEHUDA HERSKOVIC, Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent.

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

December 2, 2008.

Adjudged that the determination dated April 4, 2007 is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The determination that the petitioner violated Vehicle and Traffic Law § 1111 (d) (1) and § 1229-c (3-a) is supported by substantial evidence. Issues of credibility were primarily for the fact-finder to resolve and we see no basis to overturn the fact-finder's determination (see Matter of Fischer v Appeals...

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