MATTER OF CHARLOTTE'S FANCY REST., INC. v. CITY OF NEW YORK, DEP'T OF CONSUMER AFFAIRS


69 N.Y.2d 865 (1987)

In the Matter of Charlotte's Fancy Restaurant, Inc., Doing Business as Waverly & Waverly, Respondent, v. City of New York, Department of Consumer Affairs, Appellant.

Court of Appeals of the State of New York.

Decided March 26, 1987.


Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Elizabeth Dvorkin and June A. Witterschein of counsel), for appellant.

Charles J. Carreras for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge ALEXANDER taking no part.


MEMORANDUM.

The judgment of the Appellate Division should be reversed.

The majority at the Appellate Division properly construed the provision at issue, section B32-297.0 of the Administrative Code of the City of New York. In this context, the court's review is limited to whether there was substantial evidence in the record to support the Department of Consumer Affairs' determination...

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