Akhtar v. Fiala

Summary

The court unanimously confirmed the New York State Department of Motor Vehicles’ 180-day suspension of the petitioner’s driver’s license and dismissed the CPLR article 78 proceeding. It held that substantial evidence supported the finding that the petitioner failed to yield the right of way under 34 RCNY § 4-03(a)(1)(i), causing a pedestrian fatality, and rejected the petitioner’s arguments concerning interpretation of the traffic rule.

Holdings

1. The determination suspending petitioner's driver's license was supported by substantial evidence and had a rational basis in the record.
2. The traffic rule requiring a driver facing a green light to yield to vehicles lawfully within the intersection or an adjacent crosswalk does not conflict with Vehicle and Traffic Law § 1141, which addresses the duty of a left-turning driver to yield to approaching vehicles.

Questions Presented

1. Whether the Department of Motor Vehicles' determination that petitioner violated 34 RCNY § 4-03(a)(1)(i) was supported by substantial evidence and had a rational basis in the record.
2. Whether 34 RCNY § 4-03(a)(1)(i) conflicted with Vehicle and Traffic Law § 1141.
3. Whether the administrative law judge misconstrued or misapplied the traffic rule.

Disposition

dismissed