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JUNK'N DOUGHNUTS INC. v. DEPARTMENT OF CONSUMER AFFAIRS OF THE CITY OF NEW YORK

49 A.D.3d 464 (2008)

855 N.Y.S.2d 59

JUNK'n DOUGHNUTS INC., Doing Business as SCHMUCK BROS. OF PENNSYLVANIA, Respondent, v. DEPARTMENT OF CONSUMER AFFAIRS OF THE CITY OF NEW YORK, Appellant.

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

Decided March 27, 2008.

Plaintiff seeks a declaratory judgment setting aside as unconstitutional the New York City statute governing the licensing of dealers in secondhand articles (Administrative Code of City of NY, tit 20, ch 2, subch 11). After plaintiff received a notice of violation (NOV) from defendant alleging that it was operating as an unlicensed secondhand dealer in violation of Administrative Code § 20-265 and failed to appear for a scheduled hearing on the NOV, defendant issued...

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