IN RE: EL CAMINO TRUCKING CORPORATION (2005)

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Raymond P. Martinez, the Commissioner of the New York State Department of Motor Vehicles, dated October 30, 2003, which confirmed the findings of an Administrative Law Judge, made after a hearing, that the petitioner violated New York City Traffic Rules and Regulations (34 RCNY) § 4-15(b)(9) and Vehicle and Traffic Law § 401(7)(F)(b), and imposed a penalty.

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

 Judicial review of an administrative determination made after a hearing is limited to whether the determination is supported by substantial evidence based upon the entire record (see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180, 408 N.Y.S.2d 54, 379 N.E.2d 1183;  Matter of L. Camino Trucking v. Martinez, 5 A.D.3d 597, 774 N.Y.S.2d 158).   Moreover, “the courts may not weigh the evidence or reject the choice made by [an administrative agency] where the evidence is conflicting and room for choice exists” (Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 444, 522 N.Y.S.2d 478, 517 N.E.2d 193, see Matter of Stork Rest. v. Boland, 282 N.Y. 256, 267, 26 N.E.2d 247;  Matter of Delaurie Assoc. v. Martinez, 11 A.D.3d 535, 782 N.Y.S.2d 830;  Matter of Clinton Ave. Constr. Corp. v. Martinez, 8 A.D.3d 273, 777 N.Y.S.2d 688;  Matter of Scara-Mix, Inc. v. Martinez, 305 A.D.2d 418, 758 N.Y.S.2d 507).

 Here, the testimony of the officer who issued the summonses regarding the condition of the roadway where the vehicle weighing scales were placed, her training, the accuracy of the scales used, and the manner in which she weighed the petitioner's vehicle, provided substantial evidence supporting the determination of the Administrative Law Judge (see Matter of Metro Demolition Contr. Corp. v. Martinez, 12 A.D.3d 513, 784 N.Y.S.2d 652;  Matter of Sprint Recycling, Inc. v. Martinez, 12 A.D.3d 451, 784 N.Y.S.2d 597;  Matter of Quality Concrete of N.Y. v. Martinez, 11 A.D.3d 697, 783 N.Y.S.2d 292;  Matter of Omni Waste Servs., Inc. v. Martinez, 11 A.D.3d 696, 782 N.Y.S.2d 917;  Matter of Louis A. Petrosino, Inc. v. Martinez, 11 A.D.3d 468, 782 N.Y.S.2d 383;  Matter of Mastronardi Masons v. Martinez, 8 A.D.3d 671, 779 N.Y.S.2d 537;  Matter of Maspeth Operating Corp. v. Martinez, 8 A.D.3d 670, 779 N.Y.S.2d 536;  Matter of City Hawk Indus. v. Martinez, 2 A.D.3d 635, 768 N.Y.S.2d 353).