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

No. 46 SSM 3.

33 N.Y.3d 926 (2019)

123 N.E.3d 244

99 N.Y.S.3d 760

2019 NY Slip Op 02259

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

Court of Appeals of New York.

Decided March 26, 2019.

Attorney(s) appearing for the Case

Jaroslawicz & Jaros, PLLC, New York City ( David Tolchin , of counsel), and Law Offices of Michael Pollok, PLLC, Red Hook ( Michael S. Pollok , of counsel), for appellant.

Letitia James , Attorney General, New York City ( David Lawrence III , Barbara D. Underwood , and Steven C. Wu , of counsel), for respondent.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), judgment affirmed, with costs, in a memorandum.

OPINION OF THE COURT

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

Whether an agency determination is supported by substantial evidence is solely an issue of law (see Matter of Kelly v Safir, 96 N.Y.2d 32, 38-39 [2001]) and, here, substantial evidence supports respondent's determination revoking petitioner's driver's license...

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