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TOCCI BROTHERS, INC., et al., Appellants, v. TRADE WASTE COMMISSION OF THE CITY OF NEW YORK, Respondent.

Administrative Code of the City of New York § 16-509 (a) permits respondent Trade Waste Commission to refuse to grant a carting license where it has found that the applicant "lacks good character, honesty and integrity", and there was ample unrefuted evidence to support respondent's determination that the principals of petitioner carting company lacked these requisites and, indeed, that petitioner had made false and misleading statements in its license application. Accordingly, since respondent did not act arbitrarily and capriciously, or irrationally, in denying petitioner a license, we perceive no basis upon which that denial might be disturbed ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 230-231; Matter of Jones v. Division of Hous. Community Renewal, 211 A.D.2d 541, lv denied 85 N.Y.2d 806).

We have considered petitioners' remaining arguments and find them to be without merit.

Concur — Sullivan, J. P., Rosenberger, Rubin, Williams and Mazzarelli, JJ.

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TOCCI BROTHERS v. TRADE WASTE COMMISSION
(Jun 16, 1998)