Smart Workout, Inc. v. Environmental Control Board

Three administrative determinations of respondent, dated October 29, 2009, imposing a total of $5,500 in fines for 74 violations of New York City Administrative Code § 10-119, unanimously confirmed, the petition denied, and this proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Alice *493Schlesinger, J.], entered June 16, 2010), dismissed, without costs.

Petitioner failed to offer any admissible evidence to refute the testimony of respondent’s agents that violations had been issued only for those handbills affixed to City…