Mt. Hope Trucking Co. v. Martinez

Appellate Division of the Supreme Court of New York

Mt. Hope Trucking Co. v. Martinez

12 A.D.3d 514, 783 N.Y.S.2d 872, 2004 N.Y. App. Div. LEXIS 13693

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 2004·Published·Cited by 2 cases

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, affirming a determination of an Administrative Law Judge, dated June 5, 2002, which, after a hearing, found that the petitioner violated New York City Traffic Rules and Regulations (34 RCNY) § 4-15 (b) (9) and imposed a fine of $6,950.

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

The seizure of the petitioner’s truck at a weigh station pursu[515]*515ant to a nondiscriminatory pattern of selection by the officer weighing the vehicles was constitutional (see Matter of Masons v Martinez, 8 AD3d 671, 672 [2004]; Matter of City Hawk Indus. v Martinez, 2 AD3d 635, 636 [2003]).

The petitioner’s remaining contentions are without merit (see Matter of IESI NY Corp. v Martinez, 8 AD3d 667, 668 [2004]; Matter of Sureway Towing, Inc. v Martinez, 8 AD3d 490, 491 [2004]). Smith, J.P., Adams, Crane and Skelos, 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, affirming a determination of an Administrative Law Judge, dated June 5, 2002, which, after a hearing, found that the petitioner violated New York City Traffic Rules and Regulations (34 RCNY) § 4-15 (b) (9) and imposed a fine of $6,950.

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

The seizure of the petitioner’s truck at a weigh station pursu[515]*515ant to a nondiscriminatory pattern of selection by the officer weighing the vehicles was constitutional (see Matter of Masons v Martinez, 8 AD3d 671, 672 [2004]; Matter of City Hawk Indus. v Martinez, 2 AD3d 635, 636 [2003]).

The petitioner’s remaining contentions are without merit (see Matter of IESI NY Corp. v Martinez, 8 AD3d 667, 668 [2004]; Matter of Sureway Towing, Inc. v Martinez, 8 AD3d 490, 491 [2004]). Smith, J.P., Adams, Crane and Skelos, JJ., concur.

Mt. Hope Trucking Co. v. Martinez, 12 A.D.3d 514, 783 N.Y.S.2d 872, 2004 N.Y. App. Div. LEXIS 13693 (N.Y. Ct. App. 2004).

Pincite

12 A.D.3d 514 (Mt. Hope Trucking Co. v. Martinez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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