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MATTER OF ISABELLA CITY CARTING CORP. v. MARTINEZ

15 A.D.3d 281 (2005)

789 N.Y.S.2d 494

In the Matter of ISABELLA CITY CARTING 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.

February 17, 2005.

The determination that petitioner's vehicle was overweight, in violation of Vehicle and Traffic Law § 401 (7) (F) and New York City Traffic Rules and Regulations (34 RCNY) § 4-15 (b), is supported by substantial evidence. The officer who issued the summonses testified credibly regarding her training, the condition of the roadway where the truck was weighed, the manner in which the weighing was conducted, and the weight...

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