Opinion

Chu v. Fiala

117 A.D.3d 585 · Appellate Division of the Supreme Court of the State of New York · May 20, 2014

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In the Matter of Fanny Chu v. Barbara J. Fiala

Opinions in this case

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Majority

Determination of respondent Department of Motor Vehicles Appeals Board, which after a hearing, suspended petitioner’s driver’s license for 31 days based on a violation of Vehicle and Traffic Law § 1146, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Carol E. Huff, J.], entered September 27, 2013), dismissed, without costs. Substantial evidence supports the determination (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). Such evidence, including eyewitness [586] testimony, shows that petitioner failed to exercise due care, and struck the pedestrian as she crossed the street, ultimately resulting in the pedestrian’s death (see e.g. Matter of Montagnino v Fiala, 106 AD3d 1090 [2d Dept 2013]). Concur—Mazzarelli, J.E, Acosta, Andrias, Saxe and Clark, JJ.