James Simpson, Inc. v. City of New York Environmental Control Board

—In a proceeding pursuant to CPLR article 78 to review a determination of the New York City Environmental Control Board, dated June 26, 1996, which found the petitioner in violation of a provision of the Administrative Code of the City of New York and fined him $350, the appeal is from a judgment of the Supreme Court, Richmond County (Mastro, J.), dated June 13, 1997, which granted the petition and annulled the determination.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the determination is confirmed, and the proceeding is dismissed.

It is well settled…