Nelke v. Dep't of Motor Vehs., 79 A.D.3d 433 (N.Y. App. Div. 2010). · Go Syfert
Nelke v. Dep't of Motor Vehs., 79 A.D.3d 433 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
26 citation events (26 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Turner v. New York State Off. of Ct. Admin. (nyappdiv, 2025-04-15)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
examined Cited as authority (rule) Matter of Turner v. New York State Off. of Ct. Admin. (3×)
N.Y. App. Div. · 2025 · confidence medium
OCA's determination was supported by substantial evidence ( see Matter of Nelke v Department of Motor Vehs. of the State of N.Y. , 79 AD3d 433, 434 [1st Dept 2010]).
discussed Cited as authority (rule) Matter of Marks v. City of New York
N.Y. App. Div. · 2025 · confidence medium
The Hearing Officer was entitled to find that petitioner's alibi evidence lacked credibility ( see Matter of Nelke v Department of Motor Vehs. of the State of N.Y. , 79 AD3d 433, 434 [1st Dept 2010]).
discussed Cited as authority (rule) Matter of Nobel v. New York City Dept. of Bldgs. (2×)
N.Y. App. Div. · 2024 · confidence medium
Of the State of N.Y. , 79 AD3d 433, 434 [1st Dept 2010]).
discussed Cited as authority (rule) Matter of Linzhong Zhuo v. City of New York
N.Y. App. Div. · 2024 · confidence medium
Notwithstanding that DOB did not submit direct proof of the conduct underlying the individual summonses, the Administrative Law Judge (ALJ) rationally relied on the spreadsheets, in light of a DOB official's testimony as to the process of creating the documents ( see Matter of Nelke v Department of Motor Vehs. of the State of N.Y. , 79 AD3d 433, 434 [1st Dept 2010]).
discussed Cited as authority (rule) Matter of Linzhong Zhuo v. City of New York
N.Y. App. Div. · 2024 · confidence medium
Notwithstanding that DOB did not submit direct proof of the conduct underlying the individual summonses, the Administrative Law Judge (ALJ) rationally relied on the spreadsheets, in light of a DOB official's testimony as to the process of creating the documents ( see Matter of Nelke v Department of Motor Vehs. of the State of N.Y. , 79 AD3d 433, 434 [1st Dept 2010]).
discussed Cited as authority (rule) Matter of CFA Holdings EH LLC v. New York State Liq. Auth.
N.Y. App. Div. · 2023 · confidence medium
Petitioner's argument that respondent failed to adequately consider the conflicting testimony of petitioner's principal merely challenges the Administrative Law Judge's (ALJ) credibility determinations, to which "deference must be given" under substantial evidence review ( Matter of Nelke v Department of Motor Vehs. of the State of N.Y. , 79 AD3d 433, 434 [1st Dept 2010]).
discussed Cited as authority (rule) Matter of CFA Holdings EH LLC v. New York State Liq. Auth.
N.Y. App. Div. · 2023 · confidence medium
Petitioner's argument that respondent failed to adequately consider the conflicting testimony of petitioner's principal merely challenges the Administrative Law Judge's (ALJ) credibility determinations, to which "deference must be given" under substantial evidence review ( Matter of Nelke v Department of Motor Vehs. of the State of N.Y. , 79 AD3d 433, 434 [1st Dept 2010]).
cited Cited as authority (rule) Matter of Riel v. State of N.Y. Off. of Children & Family Servs.
N.Y. App. Div. · 2019 · confidence medium
A reviewing court must defer "to the fact-finding and credibility determinations of the agency" ( Matter of Nelke v Department of Motor Vehs. of the State of N.Y. , 79 AD3d 433, 434 [1st Dept 2010]).
discussed Cited as authority (rule) Kosar v. New York State Department of Motor Vehicles Appeals Board
N.Y. App. Div. · 2013 · confidence medium
Respondent’s determination is supported by substantial evidence, including a DMV report indicating the location and distance of the truck and the pedestrian following the accident (see Matter of Nelke v Department of Motor Vehs. of the State of N.Y., 79 AD3d 433, 434 [1st Dept 2010]).
discussed Cited as authority (rule) Kosar v. New York State Department of Motor Vehicles Appeals Board
N.Y. App. Div. · 2013 · confidence medium
Respondent’s determination is supported by substantial evidence, including a DMV report indicating the location and distance of the truck and the pedestrian following the accident (see Matter of Nelke v Department of Motor Vehs. of the State of N.Y., 79 AD3d 433, 434 [1st Dept 2010]).
discussed Cited as authority (rule) Colao v. New York State Department of Motor Vehicles Appeals Board
N.Y. App. Div. · 2012 · confidence medium
There exists no basis on which to disturb the Administrative Law Judge’s decision to credit the officer’s testimony, including his testimony that he spoke with an official at the Department of Transportation and was told that the speed-limit signs in the subject area had recently been changed from 35 mph to 50 mph (see Matter of Nelke v Department of Motor Vehs. of the State of N.Y., 79 AD3d 433, 434 [2010]; see also Matter of Gray v Adduci, 73 NY2d 741, 742 [1988]).
Retrieving the full opinion text from the archive…
In the Matter of Richard A. Nelke, Jr.
v.
Department of Motor Vehicles of the State of New York
Appellate Division of the Supreme Court of the State of New York.
Dec 2, 2010.
79 A.D.3d 433

[*434] Determination after hearing by respondent’s appeals board, dated May 8, 2009, which affirmed petitioner’s traffic conviction, unanimously confirmed, the petition denied, and this proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Jane S. Solomon, JJ, entered November 10, 2009), dismissed, without costs.

Petitioner was charged with disobeying a red light, in violation of Vehicle and Traffic Law § 1111 (d) (1). The police officer testified that while stationed at an intersection, he observed petitioner’s vehicle drive through a red light, and then followed it without losing sight, issuing petitioner the ticket two blocks away. Petitioner claimed he was at a different intersection and that the officer had mistaken his car for another vehicle.

This Court’s review of an administrative agency’s determination after a hearing is limited to whether the determination was supported by substantial evidence, and in doing so, deference must be given to the fact-finding and credibility determinations of the agency (Matter of DeOliveira v New York State Dept. of Motor Vehs., 271 AD2d 607 [2000]). While petitioner’s evidence conflicted with the officer’s testimony, we must defer to respondent’s decision to credit the officer’s account. Concur— Sweeny, J.P., Catterson, Moskowitz, Renwick and Richter, JJ.