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MATTER OF PENZIM PRODUCE CORP. v. NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS

2010-04262.

82 A.D.3d 1104 (2011)

919 N.Y.S.2d 201

In the Matter of PENZIM PRODUCE CORP., Appellant, v. NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS, Respondent.

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

Decided March 22, 2011.

Ordered that the judgment is affirmed, with costs.

The petitioner is licensed by the New York City Department of Consumer Affairs (hereinafter the Department) to maintain sidewalk stands in front of its store for the display of fruits and vegetables. The petitioner brought this CPLR article 78 proceeding to challenge the Department's determination that it violated Administrative Code of the City of New York § 20-237 (b) by maintaining stands that exceed five...

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