The driver [Plaintiff] of a New York City Transit Authority bus was issued a summons for alleging seriously injuring a pedestrian walking in a marked crosswalk with the right of way as the result of Plaintiff's failing to exercise due care. A New York State Department of Motor Vehicles [DMV] Administrative Law Judge [ALJ] found clear and convincing evidence was presented in support of the allegation and the DMV's Traffic Violations Bureau Appeal Board affirmed the ALJ's ruling and the penalty imposed: suspension of Plaintiff's driver's license for six months.
Plaintiff initiated a CPLR Article 78 proceeding challenging the DMV's determination. A divided Appellate Division granted Plaintiff's petition, annulled and vacated DMV's determination, and reinstated Plaintiff 's driver's license.* DMV appealed and the Court of Appeals reversed the Appellate Division's decision.
The Court said that the evidence at the administrative hearing included  an investigative report from the accident-reconstruction specialist who investigated the incident,  a report from a police officer who responded to the scene, and  a statement provided by the Plaintiff after the accident.
Noting that the accident-reconstruction specialist testified at the hearing, reiterating his report's conclusion concerning the victim's injuries, the Court of Appeals opined that DMV's determination was supported by substantial evidence in the record that Plaintiff had caused serious physical injury to a pedestrian as the result of Plaintiff's failing to exercise due care in operating the bus in violation of §1146(c) of New York State's Vehicle and Traffic Law.
The judgment of the Appellate Division was reversed, with costs, Plaintiff's petition denied, and the determination of the New York State Department of Motor Vehicles reinstated.
* See 159 AD3d 607.
The decision is posted on the Internet at: