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MATTER OF CASINO TOWING SERV., INC. v. NEW YORK CITY DEPT. OF CONSUMER & WORKER PROTECTION

Index No. 151410/21. Appeal No 15870. Case No. 2021-03962.

205 A.D.3d 410 (2022)

167 N.Y.S.3d 502

2022 NY Slip Op 02942

In the Matter of Casino Towing Service, Inc., Appellant, v. New York City Department of Consumer and Worker Protection, Respondent.

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

Law Office of Alexander P. Kelly, P.C., Piermont (Alexander P. Kelly of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gesmer, Moulton, Mendez, Higgitt, JJ.

DCWP's determination was not arbitrary and capricious and was rationally supported by the record (see CPLR 7803[3]). Petitioner, a tow truck company, was required to submit and maintain proof of insurance in the amounts mandated by Administrative Code of the City of New York § 20-500 and 6 RCNY § 2-362(d), and, as petitioner acknowledged when it signed the 2018-2020 renewal application, it was obligated to report any modification to the insurance policy to...

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