MATTER OF GREEN CAB v. CITY OF ROCHESTER

Judgment unanimously affirmed, without costs. Memorandum: Petitioners appeal from Special Term's judgment dismissing their petition in this CPLR article 78 proceeding to set aside a determination of the Rochester Chief of Police who, after a hearing, denied their application for renewal of a livery license and revoked their hack plates. Once a licensing authority has rendered its decision, the courts will only intervene when "`as a matter of law * * * no valid ground exists for [the] denial'" ( Matter of Barton Trucking Corp. v. O'Connell, 7 N.Y.2d 299, 308; Matter of Berger v. Leach, 103 A.D.2d 1018). At the hearing, petitioners stipulated to being convicted of two counts of offering a false instrument for filing in the first degree (Penal Law § 175.35) and petit larceny (Penal Law § 155.25). Since such evidence constitutes a valid ground for denial of the license renewal and revocation of the hack plates under Rochester City Code §§ 108-36, 108-37, the Police Chief did not abuse his discretion ( Matter of Barton Trucking Corp. v. O'Connell, supra; Matter of Maytum v. Nelson, 53 A.D.2d 221). We find that the penalty imposed was not "`"so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one's sense of fairness"'" ( Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233; quoted in Schaubman v. Blum, 49 N.Y.2d 375, 379).