Summit Carting Corp. v. Commissioner of the Department of Sanitation

Appellate Division of the Supreme Court of New York

Summit Carting Corp. v. Commissioner of the Department of Sanitation

281 A.D.2d 336, 722 N.Y.S.2d 159, 2001 N.Y. App. Div. LEXIS 3220

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

DecidedMarch 27, 2001

StatusPublished

This text of 281 A.D.2d 336 (Summit Carting Corp. v. Commissioner of the Department of Sanitation) 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

Summit Carting Corp. v. Commissioner of the Department of Sanitation, 281 A.D.2d 336, 722 N.Y.S.2d 159, 2001 N.Y. App. Div. LEXIS 3220 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Judgment (denominated an order), Supreme Court, New York County (Bruce Allen, J.), entered October 5, 1999, which denied petitioner’s application pursuant to CPLR article 78 to annul a determination of respondent Commissioner of the Department of Sanitation of the City of New York, dated November 5, 1998, denying petitioner’s application for renewal of a permit to operate a non-putrescible solid waste facility, unanimously affirmed, without costs.

[337]*337We affirm Supreme Court’s denial of petitioner’s CPLR article 78 application since the challenged determination, that petitioner lacked the good character, honesty and integrity necessary to support his permit renewal application (see, Administrative Code of City of NY § 16-131.1 [a]), was rationally premised on ample evidence and accordingly was not arbitrary and capricious (see, Matter of Pell v Board of Educ., 34 NY2d 222, 230-231). Concur — Rosenberger, J. P., Williams, Tom, Lerner and Buckley, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment (denominated an order), Supreme Court, New York County (Bruce Allen, J.), entered October 5, 1999, which denied petitioner’s application pursuant to CPLR article 78 to annul a determination of respondent Commissioner of the Department of Sanitation of the City of New York, dated November 5, 1998, denying petitioner’s application for renewal of a permit to operate a non-putrescible solid waste facility, unanimously affirmed, without costs.

[337]*337We affirm Supreme Court’s denial of petitioner’s CPLR article 78 application since the challenged determination, that petitioner lacked the good character, honesty and integrity necessary to support his permit renewal application (see, Administrative Code of City of NY § 16-131.1 [a]), was rationally premised on ample evidence and accordingly was not arbitrary and capricious (see, Matter of Pell v Board of Educ., 34 NY2d 222, 230-231). Concur — Rosenberger, J. P., Williams, Tom, Lerner and Buckley, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

281 A.D.2d 336, 722 N.Y.S.2d 159, 2001 N.Y. App. Div. LEXIS 3220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/summit-carting-corp-v-commissioner-of-the-department-of-sanitation-nyappdiv-2001.