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IN THE MATTER OF MASPETH AVENUE OPERATING CORPORATION, Petitioner, v. RAYMOND P. MARTINEZ, ETC., Respondent.

DECISION JUDGMENT

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

"It is well established that in order to annul an administrative determination, made after a hearing, the court must be satisfied, after reviewing the record as a whole, that the record lacks substantial evidence to support the determination" ( Matter of Siano v. Dolce, 256 A.D.2d 582). "A reviewing court may not weigh the evidence or reject the choice made by the Hearing Officer where there is conflicting evidence and room for choice exists" ( Matter of McQueeney v. Dutchess County Sheriff, 223 A.D.2d 710, 711).

The testimony of the traffic enforcement agent who issued the summonses regarding the location of the weighing site and his training, accompanied by certificates establishing the accuracy of the devices he used in weighing the petitioner's vehicle, provided a sufficient basis for the determination of the Administrative Law Judge ( see Matter of Ferrara Equip. v. Martinez, 305 A.D.2d 411, 412; Matter of Scara-Mix, Inc. v. Martinez, 305 A.D.2d 418; Matter of R D Equip. Leasing Co. v. Adduci, 220 A.D.2d 900; Matter of Solomon Oliver Contr. Corp. v. Adduci, 201 A.D.2d 979; see also Matter of DeOliveira v. New York State Dept. of Motor Vehicles, 271 A.D.2d 607). As the determination is supported by substantial evidence, we decline to disturb it.

The petitioner's remaining contentions are without merit.

SMITH, J.P., McGINITY, LUCIANO and TOWNES, JJ., concur.

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IN RE MASPETH AVENUE OPERATING v. MARTINEZ
(Dec 1, 2003)