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CITY OF NY v. VERIZON NY

4 N.Y.3d 255 (2005)

827 N.E.2d 276

794 N.Y.S.2d 293

CITY OF NEW YORK, Respondent, v. VERIZON NEW YORK, INC., et al., Appellants.

Court of Appeals of the State of New York.

Decided March 24, 2005.

Attorney(s) appearing for the Case

Blank Rome LLP, New York City (Harris N. Cogan, Michael S. Simon, Joseph N. Cordaro and Stephen J. Meyer of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York City (Suzanne K. Colt and Pamela Seider Dolgow of counsel), for respondent.

Patterson, Belknap, Webb & Tyler LLP, New York City (Saul B. Shapiro, Naomi J. Schrag, Kathleen H. Scopp and Abby F. Strauss of counsel), for Time Warner Cable of New York City, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO and READ concur; Judge R.S. SMITH taking no part.

OPINION OF THE COURT

ROSENBLATT, J.

Operating as a penal provision, New York City Administrative Code § 24-521 requires utility companies to relocate certain facilities when necessary to accommodate public works projects. If a utility does not promptly comply with a removal order from the City, the Code subjects the utility to a fine and its executives to possible imprisonment (see Administrative Code §§ 19-149, 19-150).

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