Article 78 appeal of denied mobile food license renewal granted
Matter of Falco v. NYC Department of Health and Mental Hygiene
Petitioner, Michael Falco, brought about this Article 78 proceeding to challenge Respondent’s determination not to renew his mobile food unit license due to his vehicle inspection request being one week late. Falco is an honorably discharged military veteran who was permanently disabled while serving this country. For the past few years, Falco has been earning his living with a food vending machine. Falco filed his renewal application in a timely manner but due to a confusing regulation, he did not initiate the request for his vehicle to be inspectedwithin the specified time frame. Respondent denied his renewal license which led to Petitioner filing this appeal.
For the Respondent to force Petitioner, a disabled veteran, to lose his livelihood for being a few days late is arbitrary and capricious. Respondent’s claim that they do not have the discretion to inspect the vehicle after the six month period has passed is irrational. The decision to deny Petitioner’s license renewal for such a minor mistake is arbitrary, especially considering the laws in place concerning disabled military veterans.
Accordingly, the Court granted the petition and vacated Respondent’s determination to deny Petitioner a renewal license.
