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In the Matter of MT. HOPE TRUCKING CO., INC., Petitioner, v. RAYMOND P. MARTINEZ, Respondent.

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).

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IN THE MTR OF MT. HOPE TRUCKING CO v. MARTINEZ
(Nov 15, 2004)