Hajovsky v. City of New York

Appellate Division of the Supreme Court of New York

Hajovsky v. City of New York

171 A.D.2d 507

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

DecidedMarch 19, 1991

StatusPublished

This text of 171 A.D.2d 507 (Hajovsky v. City of New York) 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.

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Hajovsky v. City of New York, 171 A.D.2d 507 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, New York County (William McCooe, J.), entered on February 21, 1990, which, in this CPLR article 78 proceeding, dismissed the petition challenging the denial of petitioner’s application for a license to operate a newsstand, is unanimously affirmed, without costs.

The petitioner applied for a license to operate a newsstand that was twelve feet wide by six feet deep on a sidewalk twenty feet, six inches wide. Pursuant to the Guideline Booklet for Newsstands, the desired clear path for newsstands on sidewalks wider than nineteen feet is thirteen feet, six inches. Because the Department of Transportation would not grant approval for a clear path less than thirteen feet, six inches, the Department of Consumer Affairs could not issue a license pursuant to Administrative Code of the City of New York § 20-231 (c). Thus, the determination by the Department of Consumer Affairs was not arbitrary or capricious. Concur— Sullivan, J. P., Carro, Ellerin, Ross and Kassal, JJ.

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Judgment, Supreme Court, New York County (William McCooe, J.), entered on February 21, 1990, which, in this CPLR article 78 proceeding, dismissed the petition challenging the denial of petitioner’s application for a license to operate a newsstand, is unanimously affirmed, without costs.

The petitioner applied for a license to operate a newsstand that was twelve feet wide by six feet deep on a sidewalk twenty feet, six inches wide. Pursuant to the Guideline Booklet for Newsstands, the desired clear path for newsstands on sidewalks wider than nineteen feet is thirteen feet, six inches. Because the Department of Transportation would not grant approval for a clear path less than thirteen feet, six inches, the Department of Consumer Affairs could not issue a license pursuant to Administrative Code of the City of New York § 20-231 (c). Thus, the determination by the Department of Consumer Affairs was not arbitrary or capricious. Concur— Sullivan, J. P., Carro, Ellerin, Ross and Kassal, JJ.

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Bluebook (online)

171 A.D.2d 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hajovsky-v-city-of-new-york-nyappdiv-1991.