IN RE: FERRARA BROTHERS BUILDING MATERIALS CORPORATION (2004)

Determination of respondent dated December 23, 2002, which affirmed the findings of an Administrative Law Judge, made after a hearing, that petitioner had violated the weight provisions of the New York City Traffic Rules and Regulations, and imposed a penalty, unanimously confirmed, the petition denied and the proceeding (transferred to this Court by order of Supreme Court, New York County [Diane A. Lebedeff, J.], entered on or about July 28, 2003) dismissed, without costs.

The determination that petitioner's vehicle was overweight in violation of 34 RCNY § 4-15(b)(10) is supported by substantial evidence.   The stopping and weighing of the vehicle was constitutional and pursuant to a uniform and nondiscriminatory pattern of selection by the officer conducting the checkpoint (Matter of City Hawk Indus. v. Martinez, 2 A.D.3d 635, 768 N.Y.S.2d 353 [2003] ), and the temporary nature of the checkpoint did not affect the constitutionality of the stop (see People v. Scott, 63 N.Y.2d 518, 483 N.Y.S.2d 649, 473 N.E.2d 1 [1984] ).