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IN THE MATTER OF MAYRICK EQUIPMENT CORPORATION v. MARTINEZ

12 A.D.3d 287 (2004)

784 N.Y.S.2d 855

In the Matter of MAYRICK EQUIPMENT 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.

November 23, 2004.

The testimony of the officer who weighed petitioner's truck and thereupon issued the summonses to petitioner for operating an overweight vehicle, as to the vehicle's weight and the procedures employed to ascertain that weight, which were uncontroverted, constituted substantial evidence (see Matter of Pell v Board of Educ., 34 N.Y.2d 222, 231 [1974]) in support of the challenged administrative determination. We have considered petitioner...

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