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MATTER OF LMC TRUCKING CORP. v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES

2010-11884.

92 A.D.3d 682 (2012)

937 N.Y.S.2d 877

2012 NY Slip Op 962

In the Matter of LMC TRUCKING CORP., Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent.

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

Decided February 7, 2012.

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

Judicial review of an administrative determination made after a hearing at which evidence was taken is limited to whether the determination is supported by substantial evidence based upon the entire record (see CPLR 7803 [4]). Moreover, "`the courts may not weigh the evidence or reject the choice made by [an administrative agency...

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