Opinion
January 19, 1949.
Appeal from Supreme Court.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Santry, JJ. [ 193 Misc. 157.]
Respondent refused to accept and file a certificate of authority for petitioner-appellant to do business in this State under the name "Motor Club of America" on the ground that such name too closely resembled a name already in use, to wit, "The Automobile Club of America, Inc." We cannot say that respondent, acting in an administrative capacity, did not have a reasonable basis for his determination. If the matter was debatable the choice was his and his determination is not subject to judicial interference. Order unanimously affirmed, with $10 costs and disbursements.