Accorso v. Appeals Board of the Administrative Adjudication Bureau

— Determination unanimously annulled on the law without costs and petition granted. Memorandum: Petitioner commenced this CPLR article 78 proceeding to annul a determination that, as the registered owner of a dump truck, he permitted that vehicle to be operated on the highway while the weight on the wheels of the rear axle exceeded the limits set forth in Vehicle and Traffic Law § 385 (9). Petitioner, who neither operated nor was a passenger in the vehicle at the time, contends that a non-operator owner cannot be convicted of a violation of that section unless the evidence establishes *612that he…