Willets Point Contracting Corp. v. Department of Motor Vehicles

Appellate Division of the Supreme Court of New York

Willets Point Contracting Corp. v. Department of Motor Vehicles

227 A.D.2d 411, 642 N.Y.S.2d 63, 1996 N.Y. App. Div. LEXIS 4870

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

DecidedMay 6, 1996

StatusPublished

Cited by5 cases

This text of 227 A.D.2d 411 (Willets Point Contracting Corp. v. Department of Motor Vehicles) 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

Willets Point Contracting Corp. v. Department of Motor Vehicles, 227 A.D.2d 411, 642 N.Y.S.2d 63, 1996 N.Y. App. Div. LEXIS 4870 (N.Y. Ct. App. 1996).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Department of Motor Vehicles of the State of New York, dated September 8, 1993, which, after a hearing, found that the petitioner violated Vehicle and Traffic Law § 385 (9), and imposed a fine.

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

The respondent’s determination that the petitioner violated Vehicle and Traffic Law § 385 (9) is supported by substantial evidence (see, Matter of R & D Equip. Leasing Co. v Adduci, 220 AD2d 900; People v Vinciguerra, 24 Misc 2d 63; People v Fortino, 14 Misc 2d 725). The petitioner’s contention that the respondent failed to prove that the petitioner knowingly permitted its vehicle to exceed the weight limitations of Vehicle and Traffic Law § 385 (9) may not be raised for the first time in this proceeding (see, Matter of Malkin v Tully, 65 AD2d 228; see also, Aldrich v Pattison, 107 AD2d 258). Finally, the fine imposed by the respondent was not excessive (see, Vehicle and Traffic Law § 385 [19] [d]). O’Brien, J.. P., Ritter, Pizzuto and Altman, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent Department of Motor Vehicles of the State of New York, dated September 8, 1993, which, after a hearing, found that the petitioner violated Vehicle and Traffic Law § 385 (9), and imposed a fine.

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

The respondent’s determination that the petitioner violated Vehicle and Traffic Law § 385 (9) is supported by substantial evidence (see, Matter of R & D Equip. Leasing Co. v Adduci, 220 AD2d 900; People v Vinciguerra, 24 Misc 2d 63; People v Fortino, 14 Misc 2d 725). The petitioner’s contention that the respondent failed to prove that the petitioner knowingly permitted its vehicle to exceed the weight limitations of Vehicle and Traffic Law § 385 (9) may not be raised for the first time in this proceeding (see, Matter of Malkin v Tully, 65 AD2d 228; see also, Aldrich v Pattison, 107 AD2d 258). Finally, the fine imposed by the respondent was not excessive (see, Vehicle and Traffic Law § 385 [19] [d]). O’Brien, J.. P., Ritter, Pizzuto and Altman, JJ., concur.

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Bluebook (online)

227 A.D.2d 411, 642 N.Y.S.2d 63, 1996 N.Y. App. Div. LEXIS 4870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willets-point-contracting-corp-v-department-of-motor-vehicles-nyappdiv-1996.

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