MATTER OF BIG APPLE FOOD VENDORS' ASS'N v. ST. VENDOR REVIEW PANEL


224 A.D.2d 219 (1996)

637 N.Y.S.2d 397

In the Matter of Big Apple Food Vendors' Association et al., Respondents, v. Street Vendor Review Panel, Appellant

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

February 6, 1996


The IAS Court properly directed the Panel, on remand, to formulate objective quantitative criteria for determining whether New York streets are "regularly too congested" for purposes of permitting or prohibiting street food vending at specified places and times and thereafter to reevaluate whether each street listed in the final rule published by the Panel meets that criteria.

The use of public sidewalks for street vending, which is a common and traditional use of...

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