Matter of Isabella City Carting Corp v. New York City Bus. Integrity Commn.

Appellate Division of the Supreme Court of New York

Matter of Isabella City Carting Corp v. New York City Bus. Integrity Commn.

134 A.D.3d 444, 19 N.Y.S.3d 743

Appellate Division of the Supreme Court of the State of New York·Decided December 3, 2015·No. 16296 260003/14·Published

Opinion

Order and judgment (one paper), Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered October 16, 2014, which denied petitioners’ application for a preliminary injunction against respondent’s revocation of petitioner Isabella Carting Corp.’s trade waste license, and dismissed the petition brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Respondent’s determination that petitioner Isabella Carting Corp. lacked “good character, honesty and integrity” (Administrative Code of City of NY § 16-509 [a]) was not arbitrary and capricious, made in violation of lawful procedure, or an abuse of discretion (CPLR 7803 [3]). The penalty of revocation of petitioner’s license does not shock the judicial conscience (see Matter of Featherstone v Franco, 95 NY2d 550 [2000]).

We have considered petitioners’ remaining contentions and find them unavailing. Concur — Friedman, J.P., Renwick, Saxe and Kapnick, JJ.

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Order and judgment (one paper), Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered October 16, 2014, which denied petitioners’ application for a preliminary injunction against respondent’s revocation of petitioner Isabella Carting Corp.’s trade waste license, and dismissed the petition brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Respondent’s determination that petitioner Isabella Carting Corp. lacked “good character, honesty and integrity” (Administrative Code of City of NY § 16-509 [a]) was not arbitrary and capricious, made in violation of lawful procedure, or an abuse of discretion (CPLR 7803 [3]). The penalty of revocation of petitioner’s license does not shock the judicial conscience (see Matter of Featherstone v Franco, 95 NY2d 550 [2000]).

We have considered petitioners’ remaining contentions and find them unavailing. Concur — Friedman, J.P., Renwick, Saxe and Kapnick, JJ.

Matter of Isabella City Carting Corp v. New York City Bus. Integrity Commn., 134 A.D.3d 444, 19 N.Y.S.3d 743 (N.Y. Ct. App. 2015).

Pincite

134 A.D.3d 444 (Matter of Isabella City Carting Corp v. New York City Bus. Integrity Commn.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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