AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

IN THE MATTER OF NEW YORK PAVING, INC., appellant, v. RAYMOND P. MARTINEZ, ETC., respondent.

DECISION JUDGMENT

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

Judicial review of a determination rendered by an administrative body after a hearing is limited to whether the determination is supported by substantial evidence upon the entire record ( see 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176; Matter of Liuzzo v. State of New York Dept. of Motor Vehicles Appeals Bd., 209 A.D.2d 618). A reviewing court will not undertake the functions of weighing evidence and assessing credibility, as those issues are committed to the discretion of the Administrative Law Judge ( see Matter of Scara-Mix, Inc. v. Martinez, 305 A.D.2d 418).

The testimony of the traffic enforcement agent who issued the summons 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 Scara-Mix, Inc. v. Martinez, supra).

The determination that the petitioner violated New York City Traffic Rules and Regulations (34 RCNY) § 4-15(b)(9) and (10) and Vehicle and Traffic Law § 401(7)(F)(b) is supported by substantial evidence, and we decline to disturb it.

KRAUSMAN, J.P., McGINITY, COZIER and RIVERA, JJ., concur.

Use AI to get other relevant cases.

Comments

IN THE MATTER OF NEW YORK PAVING v. MARTINEZ
(Nov 17, 2003)