MATTER OF BEERMANN v. DI CARLO


27 A.D.2d 724 (1967)

In the Matter of Edward Beermann, Doing Business as Despatch Moving & Storage Company, Appellant, v. Joseph C. Di Carlo, as Commissioner of The Department of Licenses of the City of New York, Respondent

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

February 21, 1967


Order entered June 25, 1965 denying petitioner's motion for judgment and judgment entered July 30, 1965 dismissing the petition in this article 78 proceeding unanimously affirmed, without costs or disbursements.

We appreciate the candor of the Corporation Counsel in conceding the variance between Specification No. 1 and the proof. The hearing proceeded on the theory that petitioner overcharged in that his employees arrived later than the time from which the charges...

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