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MATTER OF MANNINO v. DEPT. OF MOTOR VEHS. OF STATE OF N.Y.

2011-11351.

101 A.D.3d 880 (2012)

956 N.Y.S.2d 120

2012 NY Slip Op 8529

In the Matter of PHILIP M. MANNINO, Petitioner, v. DEPARTMENT OF MOTOR VEHICLES OF STATE OF NEW YORK — TRAFFIC VIOLATIONS DIVISION, Respondent.

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

December 12, 2012.

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

To annul an administrative determination made after a hearing directed by law at which evidence is taken, a court must conclude that the record lacks substantial evidence to support the determination (see Matter of Kelly v Safir, 96 N.Y.2d 32, 38 [2001]; Matter of Pell v Board of Educ. of Union...

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