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Alexanian v. City of New York

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


May 4, 2010

IN THE MATTER OF GARO ALEXANIAN, APPELLANT,
v.
CITY OF NEW YORK, ET AL., RESPONDENTS.

Proceeding pursuant to CPLR article 78 to review a determination of the New York City Department of Health and Mental Hygiene, dated July 30, 2008, which, after a hearing, confirmed a determination of a hearing officer dated March 3, 2008, made after a hearing, finding the petitioner guilty of violating 22 RCNY Health Code § 11.29 (former 22 RCNY Health Code 11.66), by failing to show to a health inspector, upon request, proof that his dog had been vaccinated for rabies, and fining him $500.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., MARK C. DILLON, ANITA R. FLORIO and RUTH C. BALKIN, JJ.

(Index No. 24883/08)

DECISION & JUDGMENT

ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Judicial review of a determination rendered by an administrative body after a hearing is limited to whether the determination is supported by substantial evidence (see Matter of Purdy v Kreisberg, 47 NY2d 354, 358; Matter of Sands v Daines, 69 AD3d 862, lv denied NY3d, 2010 NY Slip Op 67569 [2010]). Here, the determination of the New York City Department of Health and Mental Hygiene was supported by substantial evidence in the record. The petitioner admitted that he failed to produce the required vaccination certificate for the subject dog either during the home inspection or at the hearing before the hearing examiner.

The petitioner's remaining contentions are either not properly before this Court or without merit.

RIVERA, J.P., DILLON, FLORIO and BALKIN, JJ., concur.

20100504

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