Mt. Hope Trucking Co. v. Martinez — 12 A.D.3d 514

Majority

p. 514

In the Matter of Mt. Hope Trucking Co., Inc., Petitioner, v Raymond P. Martinez, Respondent.

[783 NYS2d 872]

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

p. 515

ant 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.

Cases cited

Masons v. Martinez 8 AD3d 671 N.Y. App. Div. 2004-06-28 at 672 p. 515
City Hawk Industries v. Martinez 2 AD3d 635 N.Y. App. Div. 2003-12-15 at 636 p. 515
IESI NY Corp. v. Martinez 8 AD3d 667 N.Y. App. Div. 2004-06-28 at 668 p. 515
Sureway Towing, Inc. v. Martinez 8 AD3d 490 N.Y. App. Div. 2004-06-14 at 491 p. 515