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MATTER OF VERIZON NEW YORK, INC. v. ENVIRONMENTAL CONTROL BOARD OF THE CITY OF NEW YORK

1423, 117078/07

68 A.D.3d 657 (2009)

2009 NY Slip Op 9696

892 N.Y.S.2d 84

In the Matter of VERIZON NEW YORK, INC., Respondent, v. ENVIRONMENTAL CONTROL BOARD OF THE CITY OF NEW YORK et al., Appellants.

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

Decided December 29, 2009.

DoITT's rule on public pay telephones (67 RCNY 6-05) conflicts with the authorizing statute (Administrative Code of City of NY § 23-408) (see Matter of Jones v Berman, 37 N.Y.2d 42, 53 [1975]). Section 23-408 (b) provides that a pay phone owner may be cited for a violation in two circumstances: when the owner "repeatedly fails to provide phone services from a public pay telephone for...

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