MATTER OF KABAK v. NEW YORK CITY DEPT. OF FINANCE

10829, 100924/18.

179 A.D.3d 543 (2020)

114 N.Y.S.3d 224

2020 NY Slip Op 00391

In the Matter of Gabriel Kabak, Appellant, v. New York City Department of Finance, Respondent.

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

Decided January 21, 2020.


Respondent's determination that petitioner violated 34 RCNY 4-08(d) was rational (see generally Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 231 [1974]). While petitioner's conduct may have constituted a violation of both 34 RCNY 4-08(d) and (m)(6), respondent was not prohibited from only charging petitioner with violating 34 RCNY 4-08...

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