Matter of Delakas v Mintz

Matter of Matter of Delakas v Mintz 2012 NY Slip Op 07054 Decided on October 23, 2012 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 23, 2012
No. 228 SSM 37

[*1]In the Matter of Jerry Delakas, Appellant,

v

Jonathan Mintz, & c., Respondent.




Submitted by Gil Santamarina, for appellant.
Submitted by Alyse Fiori, for respondent.


MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs.

The determination of the New York City Department of Consumer Affairs to deny [*2]petitioner's license to operate a newsstand because petitioner was not financially dependent on the licensee within the meaning of 6 RCNY § 2-64 (a) (12) had a rational basis and was not arbitrary or capricious.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Decided October 23, 2012