Fast Container Service Corp. v. State of New York Department of Motor Vehicles Traffic Violations Bureau Appeals Board
Court: Appellate Division of the Supreme Court of the State of New York; October 7, 1996; New York; State Appellate Court
In a CPLR article 78 proceeding to review a decision by the New York Department of Motor Vehicles Traffic Violations Bureau Appeals Board dated April 27, 1994, the petitioner was found guilty of violating Vehicle and Traffic Law § 385(9). The appeal focused on a judgment from the Supreme Court, Queens County, dated May 19, 1995, which annulled the Appeals Board's determination. The Supreme Court ruled that the summons issued to the petitioner was improper, leading to the annulment of the violation. However, the appellate court found this ruling to be erroneous. Vehicle and Traffic Law § 385 prohibits operating a vehicle that exceeds weight limitations set by a city’s transportation regulations, specifically in cities not wholly included within one county. The summons issued to the petitioner for operating an overweight garbage truck in Queens was deemed appropriate. Consequently, the appellate court reversed the Supreme Court's judgment, denied the branch of the petition seeking to annul the violation, confirmed the Appeals Board's determination, and dismissed the proceeding on the merits. Judges O’Brien, Copertino, Pizzuto, and Hart concurred in this decision.