Opinion
2002-04488
Argued April 7, 2003.
May 5, 2003.
Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles, dated July 12, 2001, which confirmed the findings of an Administrative Law Judge, made after a hearing, that the petitioner violated Vehicle and Traffic Law § 385(9) and (10), and § 401(7)(F)(b), and imposed a fine in the sum of $7,250.
Margolis Flanary, LLP, Garden City, N.Y. (Walker G. Flanary III of counsel), for petitioner.
Eliot Spitzer, Attorney-General, New York, N.Y. (Marion R. Buchbinder and Oren L. Zeve of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, and BARRY A. COZIER, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
"It is well established that in order to annul an administrative determination, made after a hearing, the court must be satisfied, after reviewing the record as a whole, that the record lacks substantial evidence to support the determination" (Siano v. Dolce, 256 A.D.2d 582). A reviewing court will not undertake the functions of weighing evidence and assessing credibility, as they are committed to the Administrative Law Judge (see Eyrich v. Jackson, 267 A.D.2d 237; Matter of Neiman v. State of New York Dept. of Motor Vehicles Appeals Bd., 265 A.D.2d 558; Matter of Galante v. Commissioner of Motor Vehicles of State of N.Y., 253 A.D.2d 763).
The testimony of the traffic enforcement agent who issued the summonses regarding the location of the weighing site and his training, accompanied by certificates establishing the accuracy of the devices he used in weighing the petitioner's vehicle, provided a sufficient basis for the determination of the Administrative Law Judge (see Matter of R D Equip. Leasing Co. v. Adduci, 220 A.D.2d 900; Matter of Solomon Oliver Contr. Corp. v. Adduci, 201 A.D.2d 979; see also Matter of DeOliveira v. New York State Dept. of Motor Vehicles, 271 A.D.2d 607). As the determination is supported by substantial evidence, we decline to disturb it.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and COZIER, JJ., concur.