Appellate Division of the Supreme Court of New York, 2003

City Hawk Industries v. Martinez

Appellate Division of the Supreme Court of New York · Decided December 15, 2003

2 A.D.3d 635; 768 N.Y.S.2d 353; 1 A.D.2d 518; 767 N.Y.S.2d 237; 2003 N.Y. App. Div. LEXIS 13420

Cases that cite this one

21 later published cases cite this decision.

J. Scaramella Trucking v. Martinez (Appellate Division of the Supreme Court of New York 2007)
Maspeth Avenue Operating Corp. v. Martinez (Appellate Division of the Supreme Court of New York 2006)
Casalino Interior Demolition Corp. v. Martinez (Appellate Division of the Supreme Court of New York 2006)
Imperia Bros. v. Martinez (Appellate Division of the Supreme Court of New York 2005)
J. Bruno Sons, Inc. v. Martinez (Appellate Division of the Supreme Court of New York 2005)
New York Paving, Inc. v. Martinez (Appellate Division of the Supreme Court of New York 2005)
Rizzo Associates, Inc. v. Martinez (Appellate Division of the Supreme Court of New York 2005)
Valente Equipment Leasing Corp. v. Martinez (Appellate Division of the Supreme Court of New York 2005)
El Camino Trucking Corp. v. Martinez (Appellate Division of the Supreme Court of New York 2005)
All County Ready Mix Corp. v. Martinez (Appellate Division of the Supreme Court of New York 2005)
L. Camino Trucking v. Martinez (Appellate Division of the Supreme Court of New York 2004)
Sureway Towing, Inc. v. Martinez (Appellate Division of the Supreme Court of New York 2004)
IESI NY Corp. v. Martinez (Appellate Division of the Supreme Court of New York 2004)
Maspeth Operating Corp. v. Martinez (Appellate Division of the Supreme Court of New York 2004)
Masons v. Martinez (Appellate Division of the Supreme Court of New York 2004)
Ferrara Bros. Building Materials Corp. v. Martinez (Appellate Division of the Supreme Court of New York 2004)
DeFelippis Enterprises, Inc. v. Martinez (Appellate Division of the Supreme Court of New York 2004)
Omni Waste Services, Inc. v. Martinez (Appellate Division of the Supreme Court of New York 2004)
Metro Demolition Contracting Corp. v. Martinez (Appellate Division of the Supreme Court of New York 2004)
Mt. Hope Trucking Co. v. Martinez (Appellate Division of the Supreme Court of New York 2004)
Quadrozzi Equipment Leasing Corp. v. Martinez (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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*636cle were accurate four months before and two months after the petitioner was charged with the violations. This evidence provided a sufficient basis for the determination of the Administrative Law Judge (see Matter of Scara-Mix, Inc. v Martinez, 305 AD2d 418 [2003]; Matter of R & D Equip. Leasing Co. v Adduci, 220 AD2d 900, 901 [1995]; People v Vinciguerra, 24 Misc 2d 63, 64 [1960]).

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.