11 A.D.3d 543 782 N.Y.S.2d 647

In the Matter of JPR Construction Corp., Petitioner, v Raymond P. Martinez, Respondent.

[782 NYS2d 647]

Proceeding pursuant to CPLR article 78 to review a determination of Raymond E Martinez, the Commissioner of the New York State Department of Motor Vehicles Appeals Board, dated April 7, 2003, affirming a determination of an Administrative Law Judge, dated October 2, 2002, which, after a hearing, found that the petitioner violated New York City Traffic Rules and Regulations (34 RCNY) § 4-15 (b) (9), and imposed a penalty.

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

*544Contrary to the petitioner’s contention, the service of the summons on the driver of its truck was authorized by Vehicle and Traffic Law § 385 (20-a) (see Vehicle and Traffic Law §§ 1600, 1642 [a]; Matter of IESI NY Corp. v Martinez, 8 AD3d 667 [2004]; Matter of Sureway Towing v Martinez, 8 AD3d 490 [2004]; Matter of Clinton Ave. Constr. Corp. v Martinez, 8 AD3d 273 [2004]; Matter of Fast Container Serv. Corp. v State of New York Dept. of Motor Vehs. Traffic Violations Bur. Appeals Bd., 232 AD2d 413 [1996]; Matter of Corona Ready Mix v State of N.Y. Dept. of Motor Vehs. Traffic Violations Bur. Appeals Bd., 226 AD2d 630 [1996]). The service provisions of CPLR 311 have no application to this administrative proceeding (see CPLR 101, 103 [b]; Matter of IESI NY Corp. v Martinez, supra; Matter of Clinton Ave. Constr. Corp. v Martinez, supra). Prudenti, P.J., Krausman, Adams and Spolzino, JJ., concur.

JPR Construction Corp. v. Martinez
11 A.D.3d 543 782 N.Y.S.2d 647

Case Details

Name
JPR Construction Corp. v. Martinez
Decision Date
Oct 12, 2004
Citations

11 A.D.3d 543

782 N.Y.S.2d 647

Jurisdiction
New York

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