The determination that petitioner's vehicle was overweight in violation of 34 RCNY 4-15 (b) (9) is supported by substantial evidence. Although the summons inaccurately described where the violation was first observed, petitioner was sufficiently apprised of the charges against it and was not deprived of an opportunity to present a defense (see Matter of Resciniti v Department of Motor Vehs.,
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IN THE MATTER OF FERGUSON HAULING CORP. v. MARTINEZ
11 A.D.3d 214 (2004)
782 N.Y.S.2d 429
In the Matter of FERGUSON HAULING CORP., 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.https://leagle.com/images/logo.png
October 5, 2004.
October 5, 2004.
Appellate Division of the Supreme Court of the State of New York, First Department.
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