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MATTER OF MONTAGNINO v. FIALA

2012-06737.

106 A.D.3d 1090 (2013)

966 N.Y.S.2d 161

2013 NY Slip Op 3842

In the Matter of JOHN D. MONTAGNINO, Petitioner, v. BARBARA J. FIALA et al., Respondents.

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

Decided May 29, 2013.

Adjudged that the determination dated October 25, 2011, is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner's contention, the finding that he violated Vehicle and Traffic Law § 1146 by failing to exercise due care to avoid striking a pedestrian is supported by substantial evidence (see Matter of Cervoni v Commissioner of N.Y. State Dept. of...

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