Appellate Division of the Supreme Court of the State of New York May 29, 2001 (A. Russo Wrecking, Inc. v. Jackson)

—Proceeding pursuant to CPLR article 78 to review a determination of the Appeals Board of the Administrative Adjudication Bureau of the New York State Department of Motor Vehicles, dated December 7, 1998, affirming a determination of an Administrative Law Judge, which, after a hearing, found the petitioner guilty of violating Vehicle and Traffic Law § 385 (9) and New York City Traffic Rule (34