MATTER OF NAYCI CONTR. ASSOC., LLC v. NEW YORK CITY DEPT. OF CONSUMER AFFAIRS

8605, 106851/10.

170 A.D.3d 435 (2019)

93 N.Y.S.3d 555

2019 NY Slip Op 01543

In the Matter of Nayci Contracting Associates, LLC, et al., Petitioners, v. New York City Department of Consumer Affairs et al., Respondents.

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

Decided March 5, 2019.


The rules of the Department of Consumer Affairs (DCA) in effect with respect to the instant proceeding provided that an administrative appeal from a decision and order imposing a fine and ordering restitution would be denied if the appealing party did not timely deposit with DCA the amount of the fine and restitution (see former 6 RCNY 6-40 [a] [2]). The rules provided further that judicial review of a final decision and order could be sought pursuant to CPLR article...

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