MATTER OF STREET VENDOR PROJECT v. CITY OF NEW YORK


43 A.D.3d 345 (2007)

841 N.Y.S.2d 79

In the Matter of STREET VENDOR PROJECT 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 August 23, 2007.


The substantial evidence test of CPLR 7803 (4) does not apply to the review of the administrative determinations here at issue, since those determinations did not result from trial-type hearings and were not quasi-judicial in nature (see e.g. New York City Health & Hosps. Corp. v McBarnette, 84 N.Y.2d 194, 203 n 2 [1994]). The increased fines challenged by petitioners are not arbitrary and capricious; they had a "foundation in...

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