Appellate Division of the Supreme Court of New York, 2004

JPR Construction Corp. v. Martinez

Appellate Division of the Supreme Court of New York · Decided October 12, 2004

11 A.D.3d 543; 782 N.Y.S.2d 647; 2004 N.Y. App. Div. LEXIS 12030

Cases that cite this one

5 later published cases cite this decision.

Mo's Carting Corp. v. Martinez (Appellate Division of the Supreme Court of New York 2006)
Star Rubbish Removal Corp. 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)
Valente Equipment Leasing Corp. v. Martinez (Appellate Division of the Supreme Court of New York 2005)
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 Raymond E Martinez, the Commissioner of the New York State Department of Motor Vehicles Appeals Board, dated April 7, 2003, affirming a determination of an Administrative Law Judge, dated October 2, 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 penalty.

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

*544Contrary to the petitioner’s contention, the service of the summons on the driver of its truck was authorized by Vehicle and Traffic Law § 385 (20-a) (see Vehicle and Traffic Law §§ 1600, 1642 [a]; Matter of IESI NY Corp. v Martinez, 8 AD3d 667 [2004]; Matter of Sureway Towing v Martinez, 8 AD3d 490 [2004]; Matter of Clinton Ave. Constr. Corp. v Martinez, 8 AD3d 273 [2004]; Matter of Fast Container Serv. Corp. v State of New York Dept. of Motor Vehs. Traffic Violations Bur. Appeals Bd., 232 AD2d 413 [1996]; Matter of Corona Ready Mix v State of N.Y. Dept. of Motor Vehs. Traffic Violations Bur. Appeals Bd., 226 AD2d 630 [1996]). The service provisions of CPLR 311 have no application to this administrative proceeding (see CPLR 101, 103 [b]; Matter of IESI NY Corp. v Martinez, supra; Matter of Clinton Ave. Constr. Corp. v Martinez, supra). Prudenti, P.J., Krausman, Adams and Spolzino, JJ., concur.

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