Opinion
2003-05754.
Decided March 15, 2004.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Raymond P. Martinez, Commissioner of the New York State Department of Motor Vehicles, dated May 28, 2002, which confirmed the findings of an Administrative Law Judge, made after a hearing, that the petitioner violated Vehicle and Traffic Law § 401(7)(F)(b) and New York City Traffic Rules and Regulations (34 RCNY) § 4-15(b)(9), and imposed a penalty.
Margolis Flanary, LLP, Garden City, N.Y. (Walker G. Flanary III of counsel), for appellant.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and David Lawrence III of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P. NANCY E. SMITH HOWARD MILLER WILLIAM F. MASTRO, 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; Matter of City Hawk Indus. v. Martinez, 2 A.D.3d 635; Matter of Scara-Mix, Inc. v. Martinez, 305 A.D.2d 418; Matter of Ferrara Equip. v. Martinez, 305 A.D.2d 411; Matter of Anthony Grace Sons v. New York State Dept. of Motor Vehicles, 266 A.D.2d 456).
Here, the traffic enforcement agent who issued the summonses testified regarding his training and experience, and the location of the weighing site. In addition, there was documentation in the administrative record indicating that the scales used for weighing the offending vehicle were accurate approximately one month before and five months after the petitioner was charged with the violations. The foregoing evidence constituted a sufficient basis for the determination of the Administrative Law Judge ( see City Hawk Indus. v. Martinez, supra; Matter of Scara-Mix, Inc. v. Martinez, supra), and we decline to disturb it.
The petitioner's remaining contentions are without merit.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.