Yensco v. Westchester County Department of Health

In a proceeding pursuant to CPLR article 78 to review a determination that petitioner violated certain provisions of the Westchester ■ County Sanitary Code and assessed a civil penalty of $5,000, the appeal is from a judgment of the Supreme Court, Westchester County (Dachenhausen, J.), entered December 9, 1980, which granted the petition. Judgment reversed, on the law, without costs or disbursements, petition dismissed and on the court’s own motion the penalty imposed is reduced to $250 per violation. Petitioner lacked standing to bring the instant article 78 proceeding to challenge the…