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SUREWAY TOWING v. MARTINEZ

195 Misc.2d 372 (2003)

759 N.Y.S.2d 297

In the Matter of SUREWAY TOWING INC., Petitioner, v. RAYMOND P. MARTINEZ, as Commissioner of the New York State Department of Motor Vehicles, Traffic Violations Bureau, Respondent.

Supreme Court, Kings County.

February 6, 2003.

Attorney(s) appearing for the Case

Margolis & Flanary LLP, Garden City, for petitioner.

Eliot Spitzer, Attorney General, New York City, for respondent.

OPINION OF THE COURT

LEWIS L. DOUGLASS, J.

This is a CPLR article 78 proceeding in which petitioner seeks to annul a determination of the New York State Department of Motor Vehicles finding that the petitioner was guilty of operating an overweight truck under Rules of City of New York Department of Transportation (34 RCNY) § 4-15 (b) (9) and (10) on the grounds that service of the ticket was improper...

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