Imperia Bros. v. Martinez

Appellate Division of the Supreme Court of New York

Imperia Bros. v. Martinez

14 A.D.3d 564, 787 N.Y.S.2d 660, 2005 N.Y. App. Div. LEXIS 406

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 18, 2005

StatusPublished

Cited by1 cases

This text of 14 A.D.3d 564 (Imperia Bros. v. Martinez) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Imperia Bros. v. Martinez, 14 A.D.3d 564, 787 N.Y.S.2d 660, 2005 N.Y. App. Div. LEXIS 406 (N.Y. Ct. App. 2005).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles, Appeals Board, dated January 21, 2003, which confirmed so much of the findings of an Administrative Law Judge, made after a hearing, as found that the petitioner violated Vehicle and Traffic Law § 385 (9) and imposed a penalty.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner’s contention, the stopping and weighing of its truck pursuant to a neutral, nondiscriminatory pattern of selection did not violate constitutional prohibitions against unreasonable searches and seizures (see US Const 4th, 14th Amends; NY Const, art I, § 12; Matter of Metro Demolition Contr. Corp. v Martinez, 12 AD3d 513 [2004]; Matter of Ferrara Bros. Bldg. Materials Corp. v Martinez, 11 AD3d 214 [2004]; Matter of DeFelippis Enters. v Martinez, 11 AD3d 533 [2004]; Matter of Masons v Martinez, 8 AD3d 671 [2004]; Matter of City Hawk Indus. v Martinez, 2 AD3d 635 [2003]). Santucci, J.P., Luciano, Rivera and Fisher, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles, Appeals Board, dated January 21, 2003, which confirmed so much of the findings of an Administrative Law Judge, made after a hearing, as found that the petitioner violated Vehicle and Traffic Law § 385 (9) and imposed a penalty.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner’s contention, the stopping and weighing of its truck pursuant to a neutral, nondiscriminatory pattern of selection did not violate constitutional prohibitions against unreasonable searches and seizures (see US Const 4th, 14th Amends; NY Const, art I, § 12; Matter of Metro Demolition Contr. Corp. v Martinez, 12 AD3d 513 [2004]; Matter of Ferrara Bros. Bldg. Materials Corp. v Martinez, 11 AD3d 214 [2004]; Matter of DeFelippis Enters. v Martinez, 11 AD3d 533 [2004]; Matter of Masons v Martinez, 8 AD3d 671 [2004]; Matter of City Hawk Indus. v Martinez, 2 AD3d 635 [2003]). Santucci, J.P., Luciano, Rivera and Fisher, JJ., concur.

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Bluebook (online)

14 A.D.3d 564, 787 N.Y.S.2d 660, 2005 N.Y. App. Div. LEXIS 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/imperia-bros-v-martinez-nyappdiv-2005.

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