The court properly concluded that denial of the license application for the Broadway/43rd Street site was rationally based, since there is no dispute that, at the time of the Department of Transportation site inspection, the proposed newsstand location was directly in front of a building entrance, which circumstance is a violation of 6 RCNY 2-68 (b) (5) (iii). The appropriate remedy for petitioner to have pursued was the filing of a new application with a new site plan that...
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