Opinion
2003-00670
Argued October 10, 2003.
November 17, 2003.
Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles dated October 18, 2001, which affirmed a determination of an Administrative Law Judge of the New York State Department of Motor Vehicles dated October 11, 2000, which, after a hearing, found that the petitioner violated New York City Traffic Rules and Regulations (34 RCNY) § 4-15(b)(9) and (10) and Vehicle and Traffic Law § 401(7)(F)(b), and imposed a penalty.
Margolis Flanary, LLP, Garden City, N.Y. (Jonathan Margolis and 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: GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed, with costs, the petition is denied, and the proceeding is dismissed on the merits.
Judicial review of a determination rendered by an administrative body after a hearing is limited to whether the determination is supported by substantial evidence upon the entire record ( see 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176; Matter of Liuzzo v. State of New York Dept. of Motor Vehicles Appeals Bd., 209 A.D.2d 618). A reviewing court will not undertake the functions of weighing evidence and assessing credibility, as those issues are committed to the discretion of the Administrative Law Judge ( see Matter of Scara-Mix, Inc. v. Martinez, 305 A.D.2d 418).
The testimony of the traffic enforcement agent who issued the summons 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 Scara-Mix, Inc. v. Martinez, supra).
The determination that the petitioner violated New York City Traffic Rules and Regulations (34 RCNY) § 4-15(b)(9) and (10) and Vehicle and Traffic Law § 401(7)(F)(b) is supported by substantial evidence, and we decline to disturb it.
KRAUSMAN, J.P., McGINITY, COZIER and RIVERA, JJ., concur.