[Download] "Matter Vincent Gatto" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Vincent Gatto
- Author : Supreme Court of New York
- Release Date : January 20, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
DECISION & JUDGMENT ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with
costs. The determination of the respondent Commissioner of Motor Vehicles of the State of New York to revoke the petitioner's driver's
license was supported by substantial evidence. Substantial evidence is "such relevant proof as a reasonable mind may accept
as adequate to support a conclusion or ultimate fact" (300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176,
180). At the hearing, the Administrative Law Judge had to determine the credibility of the witnesses. In such an instance,
where room for choice exists, it is beyond the scope of the reviewing court to weigh the evidence or reject the choice made
by the administrative agency (see, Matter of Stork Rest. v Boland, 282 NY 256, 267; see also, Matter of Berenhaus v Ward,
70 N.Y.2d 436, 443; Matter of Jeremias v Sander, A.D.2d [2d Dept., Nov. 4, 1991]).
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