MATTER OF KOSAR v. STATE, DEPARTMENT OF MOTOR VEHICLES APPEALS BD.

10242, 401519/11.

106 A.D.3d 661 (2013)

965 N.Y.S.2d 724

2013 NY Slip Op 3919

In the Matter of KENNETH V. KOSAR, Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES APPEALS BOARD et al., Respondents.

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

Decided May 30, 2013.


Respondent's determination is supported by substantial evidence, including a DMV report indicating the location and distance of the truck and the pedestrian following the accident (see Matter of Nelke v Department of Motor Vehs. of the State of N.Y., 79 A.D.3d 433, 434 [1st Dept 2010]). Based on the evidence, it is reasonable to infer that the truck, equipped with a snow plow, hit the 70-year-old pedestrian, crossing the street with...

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