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MATTER OF DELAKAS v. MINTZ

Nos. 6391, 100739/11.

94 A.D.3d 643 (2012)

943 N.Y.S.2d 60

2012 NY Slip Op 3265

In the Matter of JERRY DELAKAS, Appellant, v. JONATHAN MINTZ, in His Capacity as Commissioner of the New York Department of Consumer Affairs, Respondent.

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

Decided April 26, 2012.

Respondent's determination that petitioner does not qualify for a license pursuant to 6 RCNY 2-64 (a) (12) has a rational basis (see Matter of Wooley v New York State Dept. of Correctional Servs., 15 N.Y.3d 275, 280 [2010]). As the dissent points out, 6 RCNY 2-64 (a) (12) mandates three requirements that must be met before a license to operate a newsstand may be assigned upon the death or disability of the named license holder. Even...

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