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IN THE MATTER OF ALL COUNTY READY MIX CORP. v. MARTINEZ

23 A.D.3d 554 (2005)

804 N.Y.S.2d 409

In the Matter of ALL COUNTY READY MIX CORP., Petitioner, v. RAYMOND P. MARTINEZ, Respondent.

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

November 21, 2005.

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

The petitioner, which owned a truck that was stopped by Officer Brice of the New York City Police Department, Truck Enforcement Unit, at a weigh station, contends that while Officer Brice and other officers at the weigh station might have been stopping trucks pursuant to a nondiscriminatory pattern of selection (see People v Scott,

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