LICENSING - NEW YORK

Marsala v. City of Long Beach

Supreme Court, Appellate Division, Second Department, New York - November 20, 2013 - N.Y.S.2d - 2013 N.Y. Slip Op. 07737

Taxi license applicants commenced hybrid proceeding under Article 78, seeking review of city’s determinations denying their applications to renew their licenses, and action to recover damages for violation of their constitutional rights under color of state law.

The Supreme Court, Appellate Division, held that city’s denial of applications to renew applicants’ municipal taxi licenses did not implicate a protected property interest, as would support applicants’ claim that city violated their due process rights, since city retained discretion to grant or deny the applications.



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