MATTER OF KAPETANOS v. CITY OF NEW YORK


37 A.D.3d 279 (2007)

831 N.Y.S.2d 38

In the Matter of CHRISTOPHER KAPETANOS et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 15, 2007.


Petitioners' bare and conclusory allegations were insufficient to sustain the petition seeking to overturn the administrative determination as arbitrary, even as against a pre-answer motion to dismiss for failure to state a cause of action (cf. Matter of Niagara Mohawk Power Corp. v State of New York, 300 A.D.2d 949, 952-953 [2002]). Moreover, petitioners do not plead, even in conclusory fashion, that the "restriction" allegedly...

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