JLM AUTO REPAIR, INC. v. MARTINEZ


309 A.D.2d 503 (2003)

765 N.Y.S.2d 241

JLM AUTO REPAIR, INC., Petitioner, v. RAYMOND P. MARTINEZ, as Commissioner of the Department of Motor Vehicles of the State of New York, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 2, 2003.


Respondent's findings are supported by substantial evidence, including the testimony of its inspector who inspected the complainant's car and determined that the fuel tank was never removed, and the affidavit of the subcontractor which allegedly cleaned the fuel tank, that it does not do such work and did not issue the invoice that petitioner claimed proved such work. No basis exists to disturb respondent's findings of credibility...

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