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MATTER OF TRI-CITY, LLC v. NEW YORK CITY TAXI AND LIMOUSINE COMMN.

151037/19. Appeal No. 12696. Case No. 2019-5104.

189 A.D.3d 652 (2020)

138 N.Y.S.3d 30

2020 NY Slip Op 07731

In the Matter of Tri-City, LLC, et al., Appellants, v. New York City Taxi and Limousine Commission et al., Respondents.

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

Decided December 22, 2020.

Attorney(s) appearing for the Case

Orrick Herrington & Sutcliffe LLP, Washington, DC ( Randall C. Smith and Eric A. Shumsky of the bar of the District of Columbia, admitted pro hac vice, of counsel), for appellants.

James E. Johnson , Corporation Counsel, New York ( John Moore of counsel), for respondents.

Concur—Friedman, J.P., Renwick, Singh, Kennedy, Shulman, JJ.

Petitioners failed to meet their heavy burden of establishing that TLC's use of company-specific utilization rates in the minimum payment rule (35 RCNY 59B-24) was so lacking in reason that it was essentially arbitrary (see generally Matter of Puerto v Doar, 142 A.D.3d 34, 45-46 [1st Dept 2016]; see also Matter of Riverkeeper, Inc. v Planning Bd. of Town of Southeast, 9 N.Y.3d 219, 232 ...

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