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MATTER OF DIGEORGIO v. SWARTS

1642 CA 09-01127

68 A.D.3d 1791 (2009)

2009 NY Slip Op 9908

891 N.Y.S.2d 773

In the Matter of MICHAEL DIGEORGIO, Doing Business as DIGEORGIO ENTERPRISES, Respondent, v. DAVID J. SWARTS, Commissioner, Department of Motor Vehicles of State of New York, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 30, 2009.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Respondent appeals from a judgment in this CPLR article 78 proceeding that, inter alia, ordered him to "approve" petitioner's application for an inspection station license. We agree with respondent that there was a rational basis for his denial of petitioner's application and that judicial intervention therefore was not...

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