Barton Trucking Corp. v. O'Connell

Breitel, J. P.

Petitioner, a trucking company, appeals from the dismissal of its petition in an article 78 proceeding which sought to annul the action of the New York City Commissioner of Licenses in refusing to grant it a public carting license. The principal administrative ground for refusing the license was petitioner’s unfitness to qualify for a license as evidenced by the conviction of one of its principals, James Plumeri, for extortion in 1937.

The order should be reversed, the petition granted to the extent of annulling the determination by the commissioner, and the matter remanded to…