Ferrara Bros. Building Materials Corp. v. Martinez

11 A.D.3d 214, 782 N.Y.S.2d 259, 2004 N.Y. App. Div. LEXIS 11507

Opinion

Determination of respondent dated December 23, 2002, which affirmed the findings of an Administrative Law Judge, made after a hearing, that petitioner had violated the weight provisions of the New York City Traffic Rules and Regulations, and imposed a penalty, unanimously confirmed, the petition denied and the proceeding (transferred to this Court by order of Supreme Court, New York County [Diane A. Lebedeff, J.], entered on or about July 28, 2003) dismissed, without costs.

The determination that petitioner’s vehicle was overweight in violation of 34 RCNY 4-15 (b) (10) is supported by substantial evidence. The stopping and weighing of the vehicle was constitutional and pursuant to a uniform and nondiscriminatory pattern of selection by the officer conducting the checkpoint (Matter of City Hawk Indus. v Martinez, 2 AD3d 635 [2003]), and the temporary nature of the checkpoint did not affect the constitutionality of the stop (see People v Scott, 63 NY2d 518 [1984]). Concur—Tom, J.P., Williams, Friedman, Marlow and Sweeny, JJ.