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MATTER OF RESTAURANT ACTION ALLIANCE NYC v. CITY OF NEW YORK

7372. 100734/15.

165 A.D.3d 515 (2018)

85 N.Y.S.3d 67

2018 NY Slip Op 06975

In the Matter of Restaurant Action Alliance NYC et al., Appellants, v. City of New York et al., Respondents.

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

Decided October 18, 2018.

The determination of the Commissioner of the Department of Sanitation, made upon remand, was neither arbitrary and capricious nor without a rational basis (see Matter of Farrell v New York City Police Dept., 37 N.Y.2d 843 [1975]; Matter of Partnership 92 LP & Bldg. Mgt. Co., Inc. v State of N.Y. Div. of Hous. & Community Renewal, 46 A.D.3d 425, 429 [1st Dept 2007], affd

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