Green Cab & Brokerage Co. v. City of Rochester

Appellate Division of the Supreme Court of New York

Green Cab & Brokerage Co. v. City of Rochester

112 A.D.2d 802, 492 N.Y.S.2d 304, 1985 N.Y. App. Div. LEXIS 56052

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 12, 1985

StatusPublished

Cited by1 cases

This text of 112 A.D.2d 802 (Green Cab & Brokerage Co. v. City of Rochester) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Green Cab & Brokerage Co. v. City of Rochester, 112 A.D.2d 802, 492 N.Y.S.2d 304, 1985 N.Y. App. Div. LEXIS 56052 (N.Y. Ct. App. 1985).

Pincite

Opinion

Judgment unanimously affirmed, without costs. Memorandum: Petitioners appeal from Special Term’s judgment dismissing their petition in this CPLR article 78 proceeding to set aside a [803]*803determination of the Rochester Chief of Police who, after a hearing, denied their application for renewal of a livery license and revoked their hack plates. Once a licensing authority has rendered its decision, the courts will only intervene when " 'as a matter of law * * * no valid ground exists for [the] denial’ ” (Matter of Barton Trucking Corp. v O’Connell, 7 NY2d 299, 308; Matter of Berger v Leach, 103 AD2d 1018). At the hearing, petitioners stipulated to being convicted of two counts of offering a false instrument for filing in the first degree (Penal Law § 175.35) and petit larceny (Penal Law § 155.25). Since such evidence constitutes a valid ground for denial of the license renewal and revocation of the hack plates under Rochester City Code §§ 108-36, 108-37, the Police Chief did not abuse his discretion (Matter of Barton Trucking Corp. v O’Connell, supra; Matter of Maytum v Nelson, 53 AD2d 221). We find that the penalty imposed was not " ' "so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one’s sense of fairness” ’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 233; quoted in Schaubman v Blum, 49 NY2d 375, 379). (Appeal from judgment of Supreme Court, Monroe County, Tillman, J. — art 78.) Present — Doerr, J. P., Boomer, O’Donnell, Pine and Schnepp, JJ.

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Judgment unanimously affirmed, without costs. Memorandum: Petitioners appeal from Special Term’s judgment dismissing their petition in this CPLR article 78 proceeding to set aside a [803]*803determination of the Rochester Chief of Police who, after a hearing, denied their application for renewal of a livery license and revoked their hack plates. Once a licensing authority has rendered its decision, the courts will only intervene when " 'as a matter of law * * * no valid ground exists for [the] denial’ ” (Matter of Barton Trucking Corp. v O’Connell, 7 NY2d 299, 308; Matter of Berger v Leach, 103 AD2d 1018). At the hearing, petitioners stipulated to being convicted of two counts of offering a false instrument for filing in the first degree (Penal Law § 175.35) and petit larceny (Penal Law § 155.25). Since such evidence constitutes a valid ground for denial of the license renewal and revocation of the hack plates under Rochester City Code §§ 108-36, 108-37, the Police Chief did not abuse his discretion (Matter of Barton Trucking Corp. v O’Connell, supra; Matter of Maytum v Nelson, 53 AD2d 221). We find that the penalty imposed was not " ' "so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one’s sense of fairness” ’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 233; quoted in Schaubman v Blum, 49 NY2d 375, 379). (Appeal from judgment of Supreme Court, Monroe County, Tillman, J. — art 78.) Present — Doerr, J. P., Boomer, O’Donnell, Pine and Schnepp, JJ.

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Bluebook (online)

112 A.D.2d 802, 492 N.Y.S.2d 304, 1985 N.Y. App. Div. LEXIS 56052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-cab-brokerage-co-v-city-of-rochester-nyappdiv-1985.

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