New York Paving, Inc. v. Martinez

Appellate Division of the Supreme Court of New York

New York Paving, Inc. v. Martinez

15 A.D.3d 582, 789 N.Y.S.2d 741, 2005 N.Y. App. Div. LEXIS 1846

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

DecidedFebruary 22, 2005

StatusPublished

This text of 15 A.D.3d 582 (New York Paving, Inc. 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

New York Paving, Inc. v. Martinez, 15 A.D.3d 582, 789 N.Y.S.2d 741, 2005 N.Y. App. Div. LEXIS 1846 (N.Y. Ct. App. 2005).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Appeals Bureau, dated January 30, 2003, which confirmed the findings of an Administrative Law Judge, made after a hearing, that the petitioner violated Vehicle and Traffic Law § 401 (7) (F) (b) and New York City Traffic Rules and Regulations (34 RCNY) § 4-15 (b) (9), and imposed a penalty.

[583]*583Adjudged 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, which occurred at a checkpoint, and pursuant to a nondiscriminatory pattern of selection by the officer weighing the vehicles, was constitutional (see Matter of Mt. Hope Trucking Co. v Martinez, 12 AD3d 514 [2004]; Matter of Metro Demolition Contr. Corp. v Martinez, 12 AD3d 513 [2004]; Matter of Masons v Martinez, 8 AD3d 671, 672 [2004]; Matter of City Hawk Indus. v Martinez, 2 AD3d 635 [2003]; see also People v Scott, 63 NY2d 518 [1984]).

The petitioner’s remaining contention is without merit. Schmidt, J.E, Santucci, Crane and Skelos, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Appeals Bureau, dated January 30, 2003, which confirmed the findings of an Administrative Law Judge, made after a hearing, that the petitioner violated Vehicle and Traffic Law § 401 (7) (F) (b) and New York City Traffic Rules and Regulations (34 RCNY) § 4-15 (b) (9), and imposed a penalty.

[583]*583Adjudged 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, which occurred at a checkpoint, and pursuant to a nondiscriminatory pattern of selection by the officer weighing the vehicles, was constitutional (see Matter of Mt. Hope Trucking Co. v Martinez, 12 AD3d 514 [2004]; Matter of Metro Demolition Contr. Corp. v Martinez, 12 AD3d 513 [2004]; Matter of Masons v Martinez, 8 AD3d 671, 672 [2004]; Matter of City Hawk Indus. v Martinez, 2 AD3d 635 [2003]; see also People v Scott, 63 NY2d 518 [1984]).

The petitioner’s remaining contention is without merit. Schmidt, J.E, Santucci, Crane and Skelos, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

15 A.D.3d 582, 789 N.Y.S.2d 741, 2005 N.Y. App. Div. LEXIS 1846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-paving-inc-v-martinez-nyappdiv-2005.

Opinion

Related

Cite This Page — Counsel Stack