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IN THE MATTER OF DeLAURIE ASSOCIATES v. MARTINEZ

11 A.D.3d 213 (2004)

782 N.Y.S.2d 428

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

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

October 5, 2004.

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 A.D.3d 273 [2004]). In any event, service of the summonses upon petitioner's driver was sufficient...

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