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MATTER OF IMPERIA BROS. INC. v. MARTINEZ

14 A.D.3d 564 (2005)

787 N.Y.S.2d 660

In the Matter of IMPERIA BROS. INC., Petitioner, v. RAYMOND P. MARTINEZ, Respondent.

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

January 18, 2005.

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

Contrary to the petitioner's contention, the stopping and weighing of its truck pursuant to a neutral, nondiscriminatory pattern of selection did not violate constitutional prohibitions against unreasonable searches and seizures (see US Const 4th, 14th Amends; NY Const, art I, § 12; Matter of Metro Demolition Contr. Corp....

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