Opinion
June 30, 1998
Appeal from the Supreme Court, New York County (Robert Lippmann, J.).
We have previously rejected arguments identical to those made by present appellants to the effect that respondent Trade Waste Commission is without authority to prohibit the sale of waste carting businesses (Tocci Bros. v. Trade Waste Commn., 251 A.D.2d 160). That authority, to the extent that it was invoked at all when respondent Commission summarily rejected petitioners' sale application and elected instead to rule upon petitioners' pending license application, was not arbitrarily and capriciously exercised. Petitioners' sale application, premised upon a mere letter of intent and not upon a binding contract of sale, did not conform to respondent's requirements, and, given its patent and basic deficiency, fully warranted the summary treatment it received.
We have considered petitioners' remaining arguments and find them to be without merit.
Concur — Milonas, J. P., Rosenberger, Nardelli, Wallach and Rubin, JJ.