Majority
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Raymond P Martinez, the Commissioner of the New York State Department of Motor Vehicles, dated January 14, 2002, which confirmed the findings of an Administrative Law Judge, made after a hearing, that the petitioner violated New York City Traffic Rules and Regulations (34 RCNY) § 4-15 (b) (9) and (10), and imposed a penalty.
Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
It is well settled that judicial review of a determination rendered by an administrative body after a hearing is limited to whether that determination is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 , 179 [1978]). Here, the police officer who issued the summonses testified regarding her training and the weighing site. In addition, the administrative record contained documents indicating that the scales used in weighing the vehi
Moreover, the seizure of the petitioner’s truck, which occurred at a weigh station, and pursuant to a nondiscriminatory pattern of selection by the officer weighing the vehicles, was constitutional (see People v Scott, 63 NY2d 518 , 524-527 [1984]; People v Ingle, 36 NY2d 413 [1975]; cf. Matter of Muhammad F., 94 NY2d 136 , 142-144 [1999], cert denied 531 US 1044 [2000]).
The petitioner’s remaining contention is without merit. Ritter, J.P., Florio, S. Miller and H. Miller, JJ., concur.
Cases cited
- 300 Gramatan Avenue Associates v. State Division of Human Rights 45 NY2d 176 at 179 p. 635
- Scara-Mix, Inc. v. Martinez 305 AD2d 418 p. 636
- R & D Equipment Leasing Co. v. Adduci 220 AD2d 900 at 901 p. 636
- People v. Vinciguerra 24 Misc 2d 63 at 64 p. 636
- People v. Scott 63 NY2d 518 at 524-527 p. 636
- People v. Ingle 36 NY2d 413 p. 636
- People v. Boswell 94 NY2d 136 at 142-144 p. 636
- Scruggs v. Leonard 531 US 1044 p. 636