MATTER OF 30TH AVE. FRUIT MARKET, INC. v. CITY OF NEW YORK DEPARTMENT OF CONSUMER AFFAIRS


285 A.D.2d 512 (2001)

727 N.Y.S.2d 172

In the Matter of 30TH AVE. FRUIT MARKET, INC., Respondent, v. CITY OF NEW YORK DEPARTMENT OF CONSUMER AFFAIRS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided July 9, 2001.


Ordered that the judgment is reversed insofar as appealed from, with costs, the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits.

Based upon the uncontroverted evidence in the record that the petitioner willfully and continually violated the same Administrative Code of the City of New York provisions regarding the use of a "stoop line stand" in front of its store, it cannot be said that the respondent's determination...

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