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IN RE: DeLAURIE ASSOCIATES, Petitioner, v. Raymond P. MARTINEZ, as Commissioner of the New York State Department of Motor Vehicles, Traffic Violations Bureau, Respondent.
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 length and 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, Bronx County [Alexander W. Hunter, Jr., J.], entered on or about August 13, 2003) dismissed, without costs.
The determination that petitioner's vehicle was oversized in violation of 34 RCNY § 4-15(b)(3) and (9) is supported by substantial evidence. Petitioner waived its jurisdictional objections when it appeared and challenged the charges against it at the administrative hearing (Matter of Clinton Ave. Constr. Corp. v. Martinez, 8 A.D.3d 273, 777 N.Y.S.2d 688 [2004] ). In any event, service of the summonses upon petitioner's driver was sufficient to obtain personal jurisdiction over petitioner (Vehicle and Traffic Law § 385(20-a); see Matter of IESI N.Y. Corp. v. Martinez, 8 A.D.3d 667, 778 N.Y.S.2d 900 [2004] ).
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Decided: October 05, 2004
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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