IN RE: DUMPMASTERS

Reset A A Font size: Print

Supreme Court, Appellate Division, Second Department, New York.

IN RE: DUMPMASTERS, INC., petitioner, v. Raymond P. MARTINEZ, etc., respondent.

Decided: February 28, 2005

GABRIEL M. KRAUSMAN, J.P., WILLIAM F. MASTRO, REINALDO E. RIVERA, and PETER B. SKELOS, JJ. Margolis & Flanary, LLP, Garden City, N.Y. (Walker G. Flanary III of counsel), for petitioner. Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and David Lawrence III of counsel), for respondent.

Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles, dated October 3, 2002, 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), 4-15(b)(10), and imposed a penalty.

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

 The seizure of the petitioner's truck, which occurred at a checkpoint, and pursuant to a nondiscriminatory pattern of selection by the officer weighing the vehicles, was constitutional (see People v. Scott, 63 N.Y.2d 518, 483 N.Y.S.2d 649, 473 N.E.2d 1;  People v. Ingle, 36 N.Y.2d 413, 369 N.Y.S.2d 67, 330 N.E.2d 39).   Further, since administrative proceedings are not governed by the service requirements of the CPLR, service of the tickets upon the vehicle's driver was sufficient to confer personal jurisdiction over the petitioner (see Vehicle and Traffic Law § 385[20-a];  Matter of Miller v. Schwartz, 72 N.Y.2d 869, 532 N.Y.S.2d 354, 528 N.E.2d 507;  Matter of Sureway Towing, Inc. v. Martinez, 8 A.D.3d 490, 779 N.Y.S.2d 109;  Matter of Clinton Ave. Const. Corp. v. Martinez, 8 A.D.3d 273, 777 N.Y.S.2d 688).

Copied to clipboard