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IN THE MTR OF MT. HOPE TRUCKING CO v. MARTINEZ

Appellate Division of the Supreme Court of New York, Second Department.
Nov 15, 2004
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Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The seizure of the petitioner's truck at a weigh station pursuant to a nondiscriminatory pattern of selection by the officer weighing the vehicles was constitutional ( see Matter of Masons v. Martinez, 8 AD3d 671, 672; Matter of City Hawk Indus. v. Martinez, 2 AD3d 635, 636).

The petitioner's remaining contentions are without merit ( see Matter of IESI NY Corp. v. Martinez, 8 AD3d 667, 668; Matter of Sureway Towing, Inc. v. Martinez, 8 AD3d 490, 491).