Matter of River Ave. Contr. Corp. v Martinez
2005 NY Slip Op 07967 [22 AD3d 761]
October 24, 2005
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.


In the Matter of River Avenue Contracting Corp., Petitioner,
v
Raymond P. Martinez, Respondent.

[*1]Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles, dated April 30, 2001, which confirmed the findings of an Administrative Law Judge, made after a hearing, 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.

Judicial review of an administrative determination made after a hearing is limited to whether the determination is supported by substantial evidence based upon the entire record (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180 [1978]; Matter of L. Camino Trucking v Martinez, 5 AD3d 597, 598 [2004]). Moreover, " '[t]he courts may not weigh the evidence or reject the choice made by [such 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]; see Matter of DeLaurie Assoc. v Martinez, 11 AD3d 535 [2004]; Matter of Clinton Ave. Constr. Corp. v Martinez, 8 AD3d 273 [2004]; Matter of Scara-Mix, Inc. v Martinez, 305 AD2d 418 [2003]). Since the determination was supported by substantial evidence, we decline to disturb it. [*2]

The petitioner's remaining contention is unpreserved for appellate review. S. Miller, J.P., Krausman, Rivera and Covello, JJ., concur.