Legal Opinion
Street Vendor Project ex rel. Moussa v. City of New York
New York Supreme Court
Decided December 21, 2005PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Michael D. Stallman, J.
This CPLR article 78 proceeding challenges the City’s adoption of a new schedule of fines applicable to licensed and unlicensed street vendors. By separate motion, petitioner seeks a preliminary injunction against the schedule’s implementation. Petitioner claims that the subject fines are arbitrary and capricious, contrary to law and an abuse of discretion, inter alia, as constitutionally excessive and defectively promulgated.
Background
On April 21, 2005, the New York City Environmental Control Board (ECB) adopted the subject schedule of fines and…
2Cases cited12 opinions
- Austin v. United StatesSupreme Court of the United States · 1993
- United States v. BajakajianSupreme Court of the United States · 1998
- Scherbyn v. Wayne-Finger Lakes Board of Cooperative Educational ServicesNew York Court of Appeals · 1991
- Cheffer v. RenoCourt of Appeals for the Eleventh Circuit · 1995
- People v. SafforeNew York Court of Appeals · 1966
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Street Vendor Project v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007