IN RE BURRITO FACTORY v. CITY OF NEW YORK

We decline to disturb the determination that Administrative Code § 24-141(b)(24), which defines "air contaminants" to include "Processing of food stuffs", encompasses the usual and ordinary odors produced by spicy food, escaping into a complainant's residential apartment, where such odors "cause or may cause detriment to the health, safety, welfare or comfort" of the complainant within the meaning of the Code section (see also,Matter of Charlotte's Catering Corp. v. New York City Envtl. Control Bd., 270 A.D.2d 217, decided herewith), since respondent agency's reasonable, rational interpretation and application of the Code sections under which it functions are entitled to judicial deference (see, Matter of Gellerman v. Higgins, 213 A.D.2d 309). We further find that Administrative Code 24-141 is not unconstitutionally vague (see, New Amber Auto Serv., Inc. v. New York City Envtl. Control Bd., 163 Misc.2d 113).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.