
    In the Matter of Eileen Tucker, Petitioner, v James P. Melton, as Commissioner of the Department of Motor Vehicles, Respondent.
   Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of Motor Vehicles, which, after a hearing, suspended petitioner’s motor vehicle operator’s license. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The determination under review was made on substantial evidence, and the penalty imposed was not excessive (see Matter of Pell v Board of Educ., 34 NY2d 222). Cohalan, J. P., Damiani, Rabin and Titone, JJ., concur.  