Menu
  • Home
  • Case Pages
    • 2024 – 2025 Term
      • September Session
      • October Session
      • November Session
      • January Session
    • 2023 – 2024 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April Session
      • May Session
    • 2022 – 2023 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April Session
      • May Session
    • 2021 – 2022 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April Session
      • May Session
    • 2020 – 2021 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April / May Session
    • 2019 – 2020 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April / May Session
      • June Session
    • Pending Cases
      • All Pending Cases
      • Fully Briefed
      • Not Fully Briefed
  • Roundups & Interviews
    • Experts Roundups
      • The Chief Judge Vacancy
      • Matter of Harkenrider v. Hochul
      • The Mortgage Acceleration Cases
      • Doe v. Bloomberg LP
      • CNH Diversified v. Cleveland Unlimited
    • News Roundups
    • Interviews
      • Hon. Leslie Stein (NYCA)
      • Hon. Eugene Fahey (NYCA)
  • NYCA Stats
    • 2023-2024 Term
    • 2022-2023 Term
    • 2021-2022 Term
    • 2021-2022 Midterm
    • 2020-2021 Term
    • 2019-2020 Term
    • 2018-2019 Term
  • Jurisdictional Letters
    • Finality
    • Constitutional Question
    • Dissents
    • Statute’s Validity
    • Stipulated Judgment
    • Necessarily Affects
    • Miscellaneous
      • Aggrieved Party
  • Resources
    • How An Appeal Gets To The New York Court of Appeals
    • Court Decisions
      • NYCA Decisions
      • Lower Court Decisions
      • Second Circuit Decisions
    • Legislative Resources
      • NY Statutes
      • NY Session Laws
      • NYCRR
      • NY Register
    • Research Resources
      • NY Bill Jackets
        • Bill Jackets (1995-present)
        • About older bill jackets.
      • NY Constitutional History
      • NYCA Briefs and Records
        • NYCA Briefs (2013-present)
        • About older NYCA briefs.
      • Other Primary Resources
        • NYLawz
        • NY State Library
        • Hein NY Legal Research Library (sub)
    • Practice Resources
      • NYCA Practice Rules
      • NYCA Civil Practice Outline
      • Certified Questions Handbook
      • NY Citation Rules
    • News and Commentary
      • NY Law Journal (sub)
      • NY Appellate Digest
      • NY Court Watcher
      • The CPLR Blog
      • NY Appeals
      • NY Focus
  • About Us
    • Who We Are
    • Contact Us
TwentyEagle

DMV license suspension supported by substantial evidence (Matter of Seon v. NYSDMV).

Posted on 2020-06-262020-08-28

As we explained in our case summary, the question in this case was whether substantial evidence supported the DMV’s determination that clear and convincing evidence established petitioner’s violation of Vehicle and Traffic Law (VTL) § 1146(c)(1). The Court (mem.) held that the agency’s decision was supported by substantial evidence and reversed the contrary decision of the First Department.

As presented by the parties’ briefing, this case raised interesting questions about the substantial evidence standard of judicial review of an agency determination–specifically, how that standard applied where the underlying agency determination was subject to a clear-and-convincing-evidence standard. The Court’s short memorandum opinion did not engage those issues, and instead simply stated that the DMV’s decision was supported by substantial evidence without further exploring how that standard applies in the context of an administrative determination that must be made by a higher quantum of proof than merely a preponderance.

As the Court noted, the DMV’s decision was supported by a 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 petitioner after the accident, as well as live testimony from the accident-reconstruction specialist. “On this record,” the Court held, substantial evidence supported the DMV’s decision “that clear and convincing evidence demonstrated that petitioner caused serious physical injury while failing to exercise due care in violation of VTL § 1146(c).”

By Phil on 2020-06-26.
Return to the case page.

©2025 TwentyEagle | WordPress Theme by Superbthemes.com