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MATTER OF MIDAN REST., INC. v. TARSHIS

68 N.Y.2d 800 (1986)

In the Matter of Midan Restaurant, Inc., Respondent, v. Morris Tarshis, as Director of the Bureau of Franchises, Board of Estimate of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided September 16, 1986.

Attorney(s) appearing for the Case

Frederick. A. O. Schwarz, Jr., Corporation Counsel (Noreen M. Giusti of counsel), for appellants.

John M. Barth for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the determination of the Board of Estimate reinstated.

Special Term erred in holding that the Board of Estimate's denial of petitioner's application to renew a revocable consent to operate an enclosed sidewalk cafe was arbitrary and capricious. Our reading of the applicable New York City Charter provisions indicates that it is only...

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