Legal Opinion

J. Scaramella Trucking v. Martinez

Appellate Division of the Supreme Court of the State of New York

Decided April 24, 2007PublishedCited by 6 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determi*859nation of the New York State Department of Motor Vehicles Appeals Board dated August 25, 2005, which confirmed the findings of an Administrative Law Judge, made after a hearing, that the petitioner violated Vehicle and Traffic Law § 401 (7) (F) (b) and Rules of City of New York Department of Transportation (34 RCNY) §§ 4-15 (b) (9), (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.

Judicial review of an administrative determination…

2Cases cited17 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Berenhaus v. WardNew York Court of Appeals · 1987
  3. Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
  4. Scara-Mix, Inc. v. MartinezAppellate Division of the Supreme Court of the State of New York · 2003
  5. City Hawk Industries v. MartinezAppellate Division of the Supreme Court of the State of New York · 2003

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3Cited by6 opinions

  1. Stanley B. v. ShahAppellate Division of the Supreme Court of the State of New York · 2013
  2. Elite Ready Mix Corp. v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2012
  3. LMC Trucking Corp. v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2012
  4. Matter of Garland v. ZuckerAppellate Division of the Supreme Court of the State of New York · 2023
  5. Matter of Mills Pond Nursing & Rehabilitation Ctr. v. New York State Dept. of HealthAppellate Division of the Supreme Court of the State of New York · 2025

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