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MATTER OF OMNI WASTE SERVICES INC. v. MARTINEZ

11 A.D.3d 696 (2004)

782 N.Y.S.2d 917

In the Matter of OMNI WASTE SERVICES, INC., Petitioner, v RAYMOND P. MARTINEZ, as Commissioner of the New York State Department of Motor Vehicles, Respondent.

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

October 25, 2004.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

"It is well established that in order to annul an administrative determination, made after a hearing, the court must be satisfied, after reviewing the record as a whole, that the record lacks substantial evidence to support the determination" (Matter of Siano v Dolce, 256 A.D.2d 582 [1998]; see...

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