DiGeorgio v. Swarts

Memorandum: Respondent appeals from a judgment in this CPLR article 78 proceeding that, inter alia, ordered him to “approve” petitioner’s application for an inspection station license. We agree with respondent that there was a rational basis for his denial of petitioner’s application and that judicial intervention therefore was not warranted (see Matter of Blake Bus. School v *1792Sobol, 176 AD2d 1139, 1140 [1991], appeal dismissed 80 NY2d 825 [1992]; Matter of Berger v Leach, 103 AD2d 1018 [1984]). Contrary to petitioner’s contention, respondent was entitled to consider past violations of…