Opinion
June 29, 1998
Appeal from the Supreme Court, Suffolk County (Mullen, J.)
Ordered that the judgment is affirmed, with costs.
The appellant's contention that it was denied. due process because the respondent denied its application for a home improvement license without a hearing is without merit ( see, Matter of Benvenuto v. Suffolk County Dept. of Consumer Affairs, 144 A.D.2d 455, 456; Matter of 125 Bar Corp. v. State Liq. Auth., 24 N.Y.2d 174; see also, Alexander, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C7803:1, at 352-353). Moreover, the respondent's denial of the appellant's application was supported by a rational basis and was not arbitrary and capricious ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 231).
O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.