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Matter of Hajovsky v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Mar 19, 1991
171 A.D.2d 507 (N.Y. App. Div. 1991)

Opinion

March 19, 1991

Appeal from the Supreme Court, New York County (William McCooe, J.).


The petitioner applied for a license to operate a newsstand that was twelve feet wide by six feet deep on a sidewalk twenty feet, six inches wide. Pursuant to the Guideline Booklet for Newsstands, the desired clear path for newsstands on sidewalks wider than nineteen feet is thirteen feet, six inches. Because the Department of Transportation would not grant approval for a clear path less than thirteen feet, six inches, the Department of Consumer Affairs could not issue a license pursuant to Administrative Code of the City of New York § 20-231 (c). Thus, the determination by the Department of Consumer Affairs was not arbitrary or capricious.

Concur — Sullivan, J.P., Carro, Ellerin, Ross and Kassal, JJ.


Summaries of

Matter of Hajovsky v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Mar 19, 1991
171 A.D.2d 507 (N.Y. App. Div. 1991)
Case details for

Matter of Hajovsky v. City of New York

Case Details

Full title:In the Matter of MICHAEL HAJOVSKY, Appellant, v. CITY OF NEW YORK et al.…

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

Date published: Mar 19, 1991

Citations

171 A.D.2d 507 (N.Y. App. Div. 1991)
567 N.Y.S.2d 234