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MATTER OF LA CASA DI ARTURO INC. v. NEW YORK CITY DEPT. OF CONSUMER AFFAIRS

12968, 103151/12

120 A.D.3d 1107 (2014)

992 N.Y.S.2d 421

2014 NY Slip Op 06253

In the Matter of LA CASA DI ARTURO INC., Doing Business as ARTURO'S RESTAURANT & PIZZERIA, Petitioner, v. NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS, Respondent.

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

Decided September 23, 2014.

Petitioner, the owner of a restaurant located in New York County, challenges DCA's determination that it engaged in unlicensed sidewalk café activity on September 21, 2011 because its café seating was located on the public sidewalk (see Administrative Code of City of NY §§ 20-223[a]; 19-101[d]; see also Vehicle and Traffic Law § 144). On three prior occasions spanning more than two decades...

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