Legal Opinion

Pathmark Stores, Inc. v. Office of Consumer Affairs

Appellate Division of the Supreme Court of the State of New York

Decided November 17, 2003Published

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to annul a determination of the Office of Consumer Affairs of the County of Nassau dated February 28, 2002, which, after a hearing, found that the petitioner had engaged in unfair trade practices and imposed a fine of $2,500, the appeal is from a judgment of the Supreme Court, Nassau County (Franco, J.), entered June 28, 2002, which granted the petition.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

This proceeding arises from the container redemption policy of the petitioner,…

2Cases cited7 opinions

Flacke v. Onondaga Landfill Systems, Inc.New York Court of Appeals · 1987
Myerson v. Lentini Brothers Moving & Storage Co.New York Court of Appeals · 1973
DJL Restaurant Corp. v. City of New YorkNew York Court of Appeals · 2001
People v. Port Distributing Corp.Appellate Division of the Supreme Court of the State of New York · 1986
Farmer v. D'Agostino Supermarkets, Inc.New York Supreme Court · 1989

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