Opinion
2003-00367.
Decided December 15, 2003.
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.
Margolis Flanary, LLP, Garden City, N.Y. (Walter G. Flanary III of counsel), for appellant.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and Thomas B. Litsky of counsel), for respondent.
Before: SONDRA MILLER, HOWARD MILLER, JJ.
DECISION JUDGMENT
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 N.Y.2d 176, 179). 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 vehicle 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 A.D.2d 418; Matter of R D Equip. Leasing Co. v. Adduci, 220 A.D.2d 900, 901; People v. Vinciguerra, 24 Misc.2d 63, 64).
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 N.Y.2d 518, 524-527; People v. Ingle, 36 N.Y.2d 413; cf. Matter of Muhammad F., 94 N.Y.2d 136, 142-144, cert denied 531 U.S. 1044).
The petitioner's remaining contention is without merit.
RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.