Legal Opinion
Elite Ready Mix Corp. v. New York State Department of Motor Vehicles
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2012PublishedCited by 3 opinions
1Opinion of the Court
Judicial review of an administrative determination made after a hearing at which evidence was taken is limited to whether the determination is supported by substantial evidence based upon the entire record (see CPLR 7803 [4]). 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 NY2d 436, 444 [1987], quoting Matter of Stork Rest. v Boland, 282 NY 256, 267 [1940]).
Here, the testimony of the officer who issued the summonses to the petitioner…
2Cases cited6 opinions
- Berenhaus v. WardNew York Court of Appeals · 1987
- Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
- J. Scaramella Trucking v. MartinezAppellate Division of the Supreme Court of the State of New York · 2007
- El Camino Trucking Corp. v. MartinezAppellate Division of the Supreme Court of the State of New York · 2005
- Star Rubbish Removal Corp. v. MartinezAppellate Division of the Supreme Court of the State of New York · 2005
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Matter of Gerber v. New York State Dept. of Motor Vehs.Appellate Division of the Supreme Court of the State of New York · 2015
- DiLorenzo v. New York City Department of BuildingsAppellate Division of the Supreme Court of the State of New York · 2012
- DiLorenzo v. New York City Department of BuildingsAppellate Division of the Supreme Court of the State of New York · 2012