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MATTER OF ZENK PEDICAB RENTAL & OPERATION, INC. v. NEW YORK CITY DEPT. OF CONSUMER AFFAIRS

12062, 103519/12

116 A.D.3d 484 (2014)

984 N.Y.S.2d 315

2014 NY Slip Op 2495

In the Matter of ZENK PEDICAB RENTAL & OPERATION, INC., et al., Respondents, v. NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS, Appellant.

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

Decided April 10, 2014.

Supreme Court incorrectly concluded that respondent's denial of petitioner's license renewal application on the ground that his mother-in-law, who owned a similar pedicab business, was his "family member" within the meaning of the governing statute was without a reasonable basis in the law and, therefore, arbitrary and capricious (see Matter of Howard v Wyman, 28 N.Y.2d 434, 438 [1971]). The statute defines family member as "a member...

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