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In re of DeLaurie Associates v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Oct 5, 2004
11 A.D.3d 213 (N.Y. App. Div. 2004)

Opinion

4177

October 5, 2004.

Determination of respondent dated December 23, 2002, which affirmed the findings of an Administrative Law Judge, made after a hearing, that petitioner had violated the length and weight provisions of the New York City Traffic Rules and Regulations, and imposed a penalty, unanimously confirmed, the petition denied and the proceeding (transferred to this Court by order of Supreme Court, Bronx County [Alexander W. Hunter, Jr., J.], entered on or about August 13, 2003) dismissed, without costs.

Before: Tom, J.P., Williams, Friedman, Marlow and Sweeny, JJ.


The determination that petitioner's vehicle was oversized and overweight in violation of 34 RCNY 4-15 (b) (3) and (9) is supported by substantial evidence. Petitioner waived its jurisdictional objections when it appeared and challenged the charges against it at the administrative hearing ( Matter of Clinton Ave. Constr. Corp. v. Martinez, 8 AD3d 273). In any event, service of the summonses upon petitioner's driver was sufficient to obtain personal jurisdiction over petitioner (Vehicle and Traffic Law § 385 [20-a]; see Matter of IESI NY Corp. v. Martinez, 8 AD3d 667).


Summaries of

In re of DeLaurie Associates v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Oct 5, 2004
11 A.D.3d 213 (N.Y. App. Div. 2004)
Case details for

In re of DeLaurie Associates v. Martinez

Case Details

Full title:In the Matter of DeLAURIE ASSOCIATES, Petitioner, v. RAYMOND P. MARTINEZ…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 5, 2004

Citations

11 A.D.3d 213 (N.Y. App. Div. 2004)
782 N.Y.S.2d 428

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