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MATTER OF TIWARI v. CITY OF NEW YORK

Index No. 152861/19. Appeal No. 12777. Case No. 2020-00019.

190 A.D.3d 442 (2021)

140 N.Y.S.3d 201

2021 NY Slip Op 00045

In the Matter of Krishna Tiwari, Appellant, v. City of New York et al., Respondents.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

Kramer Levin Naftalis & Frankel LLP, New York ( Julia A. Quigley of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Amy McCamphill of counsel), for respondents.

Concur—Webber, J.P., Singh, Kennedy, Shulman, JJ.

The court properly found that the minimum mandatory fine imposed by DOB pursuant to Administrative Code of City of NY § 28-213.1.2, based upon petitioner's installation of a four-by-twenty foot illuminated and cantilevered awning sign at his commercial premises without a permit, in violation of Administrative Code § 28-105.1, was not excessive. Petitioner's challenge to the penalty as violative of the constitutional prohibitions...

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