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Hunts Point Term. v. N.Y. City Bus

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 2009
60 A.D.3d 597 (N.Y. App. Div. 2009)

Opinion

No. 181.

March 31, 2009.

Order and judgment (one paper) of the Supreme Court, Bronx County (Lucy Billings, J.), entered December 3, 2007, which, insofar as appealed from as limited by the briefs and appellant's letter of March 9, 2009, directed respondents New York City Business Integrity Commission (BIC) and Thomas McCormack, within 90 days after entry of the order, to initiate rulemaking of regulations establishing bonding and waste disposal requirements unanimously reversed, on the law, without costs, and the direction vacated.

Michael A. Cardozo, Corporation Counsel, New York (Susan Choi-Hausman of counsel), for appellants.

Dechert LLP, New York (Robert J. Jossen of counsel), for Hunts Point Terminal Produce Cooperative Association, Inc., respondent.

Before: Saxe, J.P., Buckley, McGuire, DeGrasse and Freedman, JJ.


Since petitioner did not request that BIC and McCormack (BIC's then-chair) initiate rulemaking, Supreme Court should not have granted that relief ( Matter of Nozzleman 60, LLC v Village Bd. of Vil. of Cold Spring, 34 AD3d 680, 681, lv denied 9 NY3d 803).


Summaries of

Hunts Point Term. v. N.Y. City Bus

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 2009
60 A.D.3d 597 (N.Y. App. Div. 2009)
Case details for

Hunts Point Term. v. N.Y. City Bus

Case Details

Full title:HUNTS POINT TERMINAL PRODUCE COOPERATIVE ASSOCIATION, INC., Respondent, v…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 31, 2009

Citations

60 A.D.3d 597 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 2472
874 N.Y.S.2d 909