Opinion
2015-05-28
In re Elizabeth ROSSI, Petitioner–Appellant, v. NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, Respondent–Respondent.
Elizabeth A. Rossi, appellant pro se. Zachary W. Carter, Corporation Counsel, New York (Michael J. Pastor of counsel), for respondent.
Elizabeth A. Rossi, appellant pro se. Zachary W. Carter, Corporation Counsel, New York (Michael J. Pastor of counsel), for respondent.
SWEENY, J.P., RENWICK, ANDRIAS, MOSKOWITZ, GISCHE, JJ.
Order, Supreme Court, New York County (Joan B. Lobis, J.), entered May 22, 2014, which denied petitioner's pro se application for declaratory and injunctive relief,including an order directing respondent, Department of Health and Mental Hygiene (DOHMH), to renew the restricted area permit allowing her to vend food from a mobile truck at a site-specific location, namely, directly in front of the Metropolitan Museum of Art's front steps, unanimously affirmed, without costs.
DOHMH's interpretation of the parties' 2011 stipulation as not promising petitioner a site-specific vending permit is supported by a fair interpretation of the language therein and, as such, the challenged determination is rational and should not be disturbed ( see generally Matter of Uniformed Firefighters Assn. of Greater N.Y. v. City of New York, 114 A.D.3d 510, 514, 980 N.Y.S.2d 418 [1st Dept.2014], lv. denied ––– Misc.3d ––––(A), 990 N.Y.S.2d 161 [2014]; Matter of First Coinvestors v. Carr, 159 A.D.2d 209, 552 N.Y.S.2d 20 [1st Dept.1990] ). Nor is there any evidence establishing that the renewal license petitioner received from DOHMH contains any fewer rights or is less valuable than the original vending license, which might trigger an obligation on the part of DOHMH to afford petitioner appropriate notice and an opportunity to be heard regarding any deficiencies in the renewal license she received ( see Administrative Code of the City of New York § 17–317).