Appellate Division of the Supreme Court of the State of New York December 28, 2004 (IESI NY Corp. v. Martinez)

*320Determination of respondent Commissioner of Motor Vehicles, dated December 30, 2002, finding that petitioner’s truck was overweight in violation of Vehicle and Traffic Law § 385 (9), and imposing a fine, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, Bronx County [Barry Salman, J.