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MATTER OF TRI MESSINE CONSTRUCTION CO. v. MARTINEZ

15 A.D.3d 283 (2005)

790 N.Y.S.2d 24

In the Matter of TRI MESSINE CONSTRUCTION CO., 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 New York City Traffic Rules and Regulations (34 RCNY) § 4-15 (b) is supported by substantial evidence. The officer who issued the summons 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 and measurements recorded (see Matter of IESI NY Corp. v Martinez, 11...

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