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JAMES v. DOHERTY

5434, 102596/09.

85 A.D.3d 640 (2011)

925 N.Y.S.2d 818

2011 NY Slip Op 5431

MICHAEL JAMES et al., Appellants, v. JOHN J. DOHERTY, as Commissioner of the Department of Sanitation of the City of New York, et al., Respondents.

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

Decided June 23, 2011.

In this article 78 proceeding, the motion court properly concluded that the administrative law judge's determination was not arbitrary, capricious or an abuse of discretion (see CPLR 7803 [3]; Matter of Windsor Place Corp. v State Div. of Hous. & Community Renewal, Off. of Rent Admin., 161 A.D.2d 279 [1990]). Pursuant to the rules and regulations of the Department of Sanitation (see NY City Charter § 2604 ...

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