Mitchell v. New York City Department of Consumer Affairs

— Judgment of the Supreme Court, New York County (Michael Dontzin, J.), entered September 30, 1988, which granted a petition brought pursuant to CPLR article 78 to annul respondent’s determination revoking petitioner’s license to operate a sidewalk newsstand, denying his renewal application for said license and padlocking his newsstand, unanimously reversed, on the law, and the petition dismissed, without costs.

Based upon our assessment of the record before us, we are unable to conclude that the penalty imposed upon petitioner is so disproportionate to the offenses which he was found to have…