Opinion
12-03-2015
In re ISABELLA CITY CARTING CORP., et al., Petitioners–Appellants, v. The NEW YORK CITY BUSINESS INTEGRITY COMMISSION, Respondent–Respondent.
Ballon Stoll Bader & Nadler, P.C., New York (Evan E. Richards of counsel), for appellants. Zachary W. Carter, Corporation Counsel, New York (Deborah A. Brenner of counsel), for respondent.
Ballon Stoll Bader & Nadler, P.C., New York (Evan E. Richards of counsel), for appellants.
Zachary W. Carter, Corporation Counsel, New York (Deborah A. Brenner of counsel), for respondent.
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 N.Y. § 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 N.Y.2d 550, 720 N.Y.S.2d 93, 742 N.E.2d 607 [2000] ). We have considered petitioners' remaining contentions and find them unavailing.
FRIEDMAN, J.P., RENWICK, SAXE, KAPNICK, JJ., concur.