October 23, 2012
IN THE MATTER OF JERRY DELAKAS, APPELLANT,
JONATHAN MINTZ, &C., RESPONDENT.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
The order of the Appellate Division should be affirmed, with costs.
The determination of the New York City Department of Consumer Affairs to deny petitioner's license to operate a newsstand because petitioner was not financially dependent on the licensee within the meaning of 6 RCNY §2-64 (a) (12) had a rational basis and was not arbitrary or capricious.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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