Appellate Division of the Supreme Court of New York, 2003

Scara-Mix, Inc. v. Martinez

Appellate Division of the Supreme Court of New York · Decided May 5, 2003

305 A.D.2d 418; 758 N.Y.S.2d 507; 2003 N.Y. App. Div. LEXIS 5135

Cases that cite this one

26 later published cases cite this decision. The 25 that cite it most often are listed here.

Clinton Avenue Construction Corp. v. Martinez (Appellate Division of the Supreme Court of New York 2004)
Louis A. Petrosino, 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)
Forman v. New York State Department of Motor Vehicles (Appellate Division of the Supreme Court of New York 2013)
Forman v. New York State Department of Motor Vehicles (Appellate Division of the Supreme Court of New York 2013)
Hildreth v. New York State Department of Motor Vehicles Appeals Board (Appellate Division of the Supreme Court of New York 2011)
Sands v. Daines (Appellate Division of the Supreme Court of New York 2010)
Lieberman v. City of New York (Appellate Division of the Supreme Court of New York 2008)
J. Scaramella Trucking v. Martinez (Appellate Division of the Supreme Court of New York 2007)
Star Rubbish Removal Corp. v. Martinez (Appellate Division of the Supreme Court of New York 2005)
Dente v. Martinez (Appellate Division of the Supreme Court of New York 2005)
Gulgar v. Martinez (Appellate Division of the Supreme Court of New York 2005)
Petrosino Trucking, Inc. v. Martinez (Appellate Division of the Supreme Court of New York 2005)
Dedona Contracting Corp. v. Martinez (Appellate Division of the Supreme Court of New York 2005)
Stoves & Stone, Ltd. 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)
River Avenue Contracting 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)
Metro Demolition Contracting Corp. v. Martinez (Appellate Division of the Supreme Court of New York 2004)
Maspeth Avenue Operating Corp. v. Martinez (Appellate Division of the Supreme Court of New York 2003)
City Hawk Industries v. Martinez (Appellate Division of the Supreme Court of New York 2003)

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 New York State Department of Motor Vehicles, dated July 12, 2001, which confirmed the findings of an Administrative Law Judge, made after a hearing, that the petitioner violated Vehicle and Traffic Law § 385 (9) and (10), and § 401 (7) (F) (b), and imposed a fine in the sum of $7,250.

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

“It is well established that in order to annul an administrative determination, made after a hearing, the court must be satisfied, after reviewing the record as a whole, that the record lacks substantial evidence to support the determination” (Siano v Dolce, 256 AD2d 582 [1998]). A reviewing court will not undertake the functions of weighing evidence and assessing credibility, as they are committed to the Administrative Law Judge (see Eyrich v Jackson, 267 AD2d 237 [1999]; Matter of Neiman v State of N.Y. Dept. of Motor Vehs. Appeals Bd., 265 AD2d 558 [1999]; Matter of Galante v Commissioner of Motor Vehs. of State of N.Y., 253 AD2d 763 [1998]).

The testimony of the traffic enforcement agent who issued the summonses regarding the location of the weighing site and his training, accompanied by certificates establishing the accuracy of the devices he used in weighing the petitioner’s vehicle, provided a sufficient basis for the determination of the Administrative Law Judge (see Matter of R & D Equip. Leas*419ing Co. v Adduci, 220 AD2d 900 [1995]; Matter of Solomon Oliver Contr. Corp. v Adduci, 201 AD2d 979 [1994]; see also Matter of De Oliveira v New York State Dept. of Motor Vehs., 271 AD2d 607 [2000]). As the determination is supported by substantial evidence, we decline to disturb it. Altman, J.P., Krausman, Goldstein and Cozier, JJ., concur.

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