MATTER OF SPINELLI v. BD. OF TRS.


67 Misc.2d 503 (1971)

In the Matter of Joseph E. Spinelli, Petitioner, v. Board of Trustees of the Village of Mamaroneck et al., Respondents.

Supreme Court, Westchester County.

July 29, 1971


Attorney(s) appearing for the Case

John T. Hand for petitioner. William J. Rooney for respondents.


JOHN W. SWEENY, J.

Petitioner moves pursuant to article 78 of the CPLR for an order declaring the action of respondents, in denying him a taxicab driver's license arbitrary and capricious and in violation of his constitutional rights.

Respondents' answer specified the grounds upon which they based their rejection of petitioner's application as follows:

(A) Petitioner who was, upon information and belief, a lifelong resident of the City...

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