MATTER OF MELZER v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES

4463, 115565/09.

83 A.D.3d 576 (2011)

921 N.Y.S.2d 246

In the Matter of DAVID MELZER, Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES et al., Respondents.

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

Decided April 26, 2011.


The determination that petitioner violated Vehicle and Traffic Law § 1128 (a) is supported by substantial evidence. The testimony of the police officer that she had a clear, unobstructed view of petitioner and that petitioner changed lanes without signaling, causing her to hit her brakes, is not incredible as a matter of law and is sufficient to sustain the determination that petitioner made an unsafe lane change (see Matter of Neiman v State of N.Y. Dept. of Motor...

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