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IN THE MATTER OF FERRARA BROTHERS BUILDING MATERIALS CORPORATION v. MARTINEZ

11 A.D.3d 214 (2004)

782 N.Y.S.2d 259

In the Matter of FERRARA BROTHERS BUILDING MATERIALS CORPORATION, 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 overweight in violation of 34 RCNY 4-15 (b) (10) is supported by substantial evidence. The stopping and weighing of the vehicle was constitutional and pursuant to a uniform and nondiscriminatory pattern of selection by the officer conducting the checkpoint (Matter of City Hawk Indus. v Martinez, 2 A.D.3d 635 [2003]), and the temporary nature...

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