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MATTER OF 39 GAS CORP. v. NYC DEPT. OF CONSUMER AFFAIRS

2020-09112. Index No. 711326/20.

219 A.D.3d 1425 (2023)

196 N.Y.S.3d 724

2023 NY Slip Op 04666

In the Matter of 39 Gas Corp., Appellant, v. NYC Department of Consumer Affairs, Respondent.

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

Decided September 20, 2023.

Attorney(s) appearing for the Case

Joseph A. Altman, P.C., Bronx, NY, for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Melanie T. West and Jamison Davies of counsel), for respondent.

Brathwaite Nelson, J.P., Genovesi, Warhit and Voutsinas, JJ., concur.

In a proceeding pursuant to CPLR article 78 to review a determination of the New York City Department of Consumer Affairs dated June 16, 2020, which denied the petitioner's application for a tobacco products retail dealer license, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Kevin J. Kerrigan, J.), entered November 30, 2020. The order and judgment granted the respondent's motion to dismiss the petition as academic and...

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