From Casetext: Smarter Legal Research

Matter of Roosevelt v. Commr. of Pub. Safety

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1965
24 A.D.2d 573 (N.Y. App. Div. 1965)

Opinion

July 6, 1965


In a proceeding under article 78 of the CPLR, to annul the determination of the respondent, the Commissioner of Public Safety of the City of Yonkers, denying the petitioner's application for a taxicab owner's license and medallion and to direct their issuance, the petitioner appeals from a judgment of the Supreme Court, Westchester County, entered March 1, 1965, which denied the petition and dismissed the proceeding. Judgment reversed on the law, with costs, and proceeding remitted to the Commissioner of Public Safety of the City of Yonkers for the purpose of conducting a hearing and of making specific findings based on the testimony and other evidence presented. No questions of fact have been considered. The denial of petitioner's application for a license denies it the right to engage in a business from which it may not be lawfully excluded if it complies with the conditions properly imposed by the Legislature. No hearing was held on this application, and the only explanation given for its denial was that to grant it "would not be in the best interest of the community". It is apparent from the pleadings submitted at Special Term that the basis for denial of the application was the character of a brother of the petitioner's president. "Though formal hearings and formal findings may not be required, a license may not be refused on the ground that the applicant `is not a person of good character' unless the applicant has fair opportunity to meet a challenge to his good character and unless the court of review is apprised of the basis for the finding against the applicant. The procedure of the Commissioner must conform to recognized standards of fairness and a record must be made which permits a review of the action of the Commissioner by the court. ( Matter of Elite Dairy Products v. Ten Eyck, 271 N.Y. 488.)" ( Matter of Perpente v. Moss, 293 N.Y. 325, 329; cf. Matter of Fink v. Cole, 1 N.Y.2d 48, 53-54.) Ughetta, Acting P.J., Christ, Brennan, Hill and Rabin, JJ., concur.


Summaries of

Matter of Roosevelt v. Commr. of Pub. Safety

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1965
24 A.D.2d 573 (N.Y. App. Div. 1965)
Case details for

Matter of Roosevelt v. Commr. of Pub. Safety

Case Details

Full title:In the Matter of ROOSEVELT TAXI, INC., Appellant, v. COMMISSIONER OF…

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

Date published: Jul 6, 1965

Citations

24 A.D.2d 573 (N.Y. App. Div. 1965)

Citing Cases

Merchants Road, Inc. v. Leach

entire record discloses that respondent's determination is supported by substantial evidence and was not…

Matter Marra v. White Plains

In view of the errors made by respondents in interpreting and applying the standards contained in article…