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IN THE MATTER OF FERGUSON HAULING v. MARTINEZ

Appellate Division of the Supreme Court of New York, First Department.
Oct 5, 2004

The determination that petitioner's vehicle was overweight in violation of 34 RCNY 4-15 (b) (9) is supported by substantial evidence. Although the summons inaccurately described where the violation was first observed, petitioner was sufficiently apprised of the charges against it and was not deprived of an opportunity to present a defense ( see Matter of Resciniti v. Department of Motor Vehs., 255 AD2d 589).