J & B Salvage, Inc. v. Melton

Appellate Division of the Supreme Court of New York

J & B Salvage, Inc. v. Melton

81 A.D.2d 615, 438 N.Y.S.2d 8, 1981 N.Y. App. Div. LEXIS 11113

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

DecidedApril 13, 1981

StatusPublished

Cited by1 cases

This text of 81 A.D.2d 615 (J & B Salvage, Inc. v. Melton) 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

J & B Salvage, Inc. v. Melton, 81 A.D.2d 615, 438 N.Y.S.2d 8, 1981 N.Y. App. Div. LEXIS 11113 (N.Y. Ct. App. 1981).

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Opinion

— In a proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Department of Motor Vehicles, made after a hearing, that (1) petitioner violated subdivision 5 of section 415-a of the Vehicle and Traffic Law, (2) imposed a civil penalty in the amount of $1,000 and (3) revoked petitioner’s dismantler’s registration, petitioner appeals from a judgment of the Supreme Court, Kings County, dated October 21, 1980, which dismissed the petition. Judgment affirmed, without costs or disbursements. Petitioner’s contention that the determination was predicated upon evidence admitted at the hearing and obtained in violation of its constitutional rights cannot be sustained. In reaching such result, however, we need not reach the merits, for, as a result of petitioner’s failure to raise an objection to the admission of such evidence during the hearing, any question as to the same has not been preserved for review (see Matter of Gonzalez v State Liq. Auth., 30 NY2d 108). We find that the [616]*616determination is supported by substantial evidence in the record. We have considered petitioner’s remaining contentions and find them to be without merit. Hopkins, J. P., Titone, Rabin and Hargett, JJ., concur.

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— In a proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Department of Motor Vehicles, made after a hearing, that (1) petitioner violated subdivision 5 of section 415-a of the Vehicle and Traffic Law, (2) imposed a civil penalty in the amount of $1,000 and (3) revoked petitioner’s dismantler’s registration, petitioner appeals from a judgment of the Supreme Court, Kings County, dated October 21, 1980, which dismissed the petition. Judgment affirmed, without costs or disbursements. Petitioner’s contention that the determination was predicated upon evidence admitted at the hearing and obtained in violation of its constitutional rights cannot be sustained. In reaching such result, however, we need not reach the merits, for, as a result of petitioner’s failure to raise an objection to the admission of such evidence during the hearing, any question as to the same has not been preserved for review (see Matter of Gonzalez v State Liq. Auth., 30 NY2d 108). We find that the [616]*616determination is supported by substantial evidence in the record. We have considered petitioner’s remaining contentions and find them to be without merit. Hopkins, J. P., Titone, Rabin and Hargett, JJ., concur.

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Bluebook (online)

81 A.D.2d 615, 438 N.Y.S.2d 8, 1981 N.Y. App. Div. LEXIS 11113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-b-salvage-inc-v-melton-nyappdiv-1981.

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