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A. Capobianco & Sons Contracting Corp. v. State

223 A.D.2d 700 Court N.Y. App. Div. Decision date 1996-01-29 English

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p. 700
In the Matter of A. Capobianco & Sons Contracting Corp., Petitioner, v State of New York Department of Motor Vehicles Appeals Board et al., Respondents.
[637 NYS2d 938]

Proceeding pursuant to CPLR article 78 to review a determination of the Appeals Board of the New York State Department of Motor Vehicles, dated January 31, 1994, which sustained the determination of an Administrative Law Judge,

p. 701
made after a hearing, finding the petitioner guilty of violating Vehicle and Traffic Law § 385, and imposing a fine.

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

The Administrative Law Judge imposed the appropriate fine upon the petitioner for operating a vehicle whose weight exceeded the amount permitted by its overweight permit (see, Vehicle and Traffic Law § 385 [19] [d]). Balletta, J. P., O’Brien, Ritter, Pizzuto and Altman, JJ., concur.