Article 78 Reinstatement as a Taxicab Driver Denied
Mankarios v. New York City Taxi and Limousine Commission
Index No. 107087/06
Petitioner Boutros Mankarios sought to appeal respondent Taxi and Limousine Commission’s denial of petitioner’s application for a taxi driver’s license. The petition was denied and the proceeding dismissed.
Petitioner was issued a license by New York City Taxi and Limousine Commission to operate a taxicab in 1998. In 2002, petitioner pled guilty to an incident that occurred in his cab involving two 14-year old female passengers and surrendered his TLC license.
Petitioner reapplied for a license in 2005 and was denied. Petitioner commenced this Article 78 proceeding challenging TLC’s decision. Supreme Court granted the petition, annulling the decision and directing TLC to grant the application. TLC responded with an appeal.
The only issue in question was whether TLC’s denial of petitioner’s application was arbitrary and capricious. TLC made their decision to deny petitioner’s application based on the serious misconduct of petitioner and the fact that only three years had passed since it occurred.
Since TLC’s determination has a rational basis, the Court denied this Article 78 petition.
Click www.nyc.gov/html/tlc/html/home/home.shtml for the NYC Taxi and Limousine Commission website.