Petitioner was issued a summons for operating a motor vehicle while using a portable electronic device in violation of Vehicle and Traffic Law § 1225-d after a police officer observed him driving while holding a global positioning system (hereinafter GPS) device in his right hand. Petitioner pleaded not guilty to the charge and, following a hearing before the Administrative Adjudication Bureau of respondent Department of Motor Vehicles, an Administrative Law Judge found petitioner guilty....
(A) hand-held GPS device meets the statutory definition of a "portable electronic device" inasmuch as it is a "hand-held device with mobile data access" (Vehicle and Traffic Law § 1225-d [2] [a]). In our view, it is mobile and receives data to
calculate a driver's geographical location and to communicate directions. Moreover, a review of the pertinent legislative history regarding Vehicle and Traffic Law § 1225-d [*2]demonstrates that the Legislature intended Vehicle and Traffic Law § 1225-d (2) (a) to encompass any portable electronic device that diverts a driver's attention away from the road and prevents the full use of a driver's hands (see Assembly Mem in Support, Bill Jacket, L 2009, ch 403 at 14; Letter from Dept of Motor Vehicles, Bill Jacket, L 2009, ch 403 at 20). Thus, we are satisfied that the Appeals Board's interpretation of Vehicle and Traffic Law § 1225-d (2) (a) as encompassing a hand-held GPS device was rational (see generally Matter of Fineway Supermarkets v State Liq. Auth., 48 NY2d 464, 468 [1979]; Matter of Bonhomme v New York State Liq. Auth., 221 AD2d 882, 883 [1995]).
We also agree that there is ample support for the Appeals Board's determination that petitioner was using the GPS device. Petitioner concedes that, while he was driving, he was holding the device in his hand and "view[ing] the GPS navigation system to read directions." Accordingly, we find that the determination was supported by substantial evidence (see generally Matter of Hollinger v New York State Dept. of Motor Vehs., 18 AD3d 1012, 1013 [2015]; Matter of Carota Enters. v Jackson, 241 AD2d 667, 668 [1997]). Petitioner's remaining contentions have been reviewed and found to be lacking in merit.
The New York State Bar Association is calling for a state Constitutional Convention, because New York “should not forfeit this rare, generational opportunity to modernize and significantly improve the Constitution that forms the foundation of state government.”For more on the Constitutional Convention process, click here.
On November 7, New Yorkers will vote on whether to authorize a Constitutional Convention which, if approved, would be the state's 10th Constitutional Convention since 1777.
At its June 17, 2017 meeting in Cooperstown, the Association's House of Delegates voted 111 to 28 (with one member abstaining) to endorse a Constitutional Convention, or “ConCon.” A day earlier, its Executive Committee voted unanimously to support a convention.
This resource is meant to "strengthen advocacy, improve attorney-client relationships, and promote appropriate screening, in-depth assessment, and evidence-based treatment" by advancing the policy of trauma-informed practice. Practice tips include suggestions for targeted advocacy in response to a client's exposure to traumatic events.
Additionally, information regarding secondary traumatic stress is provided to prevent or address this issue for those who work in the child welfare system.
LODI — In one of the biggest busts in Seneca County this year, police seized thousands of dollars worth of drugs and money, along with numerous weapons, while arresting three people Wednesday.
Seneca County Undersheriff John Cleere said the arrests followed an extensive drug investigation by the sheriff’s office narcotics unit and execution of a search warrant at a mobile home on Keady Road.
Police said they seized nearly $5,000 worth of cocaine in both powdered and crack form; nearly $3,500 in cash; drug paraphernalia; drug-packaging material; digital scales; imitation pistols; throwing knives; a dagger; metal knuckles; a kung fu star; and varying quantities of Suboxone, alprazolam, oxycodone, amphetamine and methylphenidate.
The “Guide to the Use of Service Animals in New York State” recognizes that various federal, state and local laws address service animal use in differing manners.For more information, click here.
The Guide is intended to clarify the existing laws for: individuals with disabilities who use service animals; those who train service animals; and those who must accommodate them, such as employers, landlords, merchants and places of public accommodation. It also offers guidance to lawmakers, government officials, attorneys and the courts. The Guide provides a review of rights and remedies under comparative federal, state and local human rights laws. Its extensive endnotes likely will be cited by attorneys and judges.
The City and State Bar Associations have posted the Guide on their respective websites and they encourage the downloading, copying and distribution of the Guide throughout the state. Both associations expect to hold programs on how to apply the information in the Guide to situations of particular interest.
(L)earn more about what’s happening across the state and the country on Thursday, June 29 at Seneca Lodge in Watkins Glen at an event called "From the White House to Your Home Town - legislative updates and a conversation with your elected officials.For more information, click here.
Senator Tom O’Mara, Assemblyman Phil Palmesano, and Alison Hunt from Congressman Tom Reed’s Office will discuss the current state of affairs and 2017 priorities. They will also provide updates on action at the federal and state level impact our local communities.
