Hunts Point Term. Produce Coop. Assn., Inc. v New York City Bus. Integrity Commn. (2009 NY Slip Op 02472)

Hunts Point Term. Produce Coop. Assn., Inc. v New York City Bus. Integrity Commn.

2009 NY Slip Op 02472 [60 AD3d 597]

March 31, 2009

Appellate Division, First Department

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

As corrected through Wednesday, May 6, 2009

Hunts Point Terminal Produce Cooperative Association, Inc., Respondent,
v
New York City Business Integrity Commission et al., Appellants, et al., Respondents.

—[*1] Michael A. Cardozo, Corporation Counsel, New York (Susan Choi-Hausman of counsel), for appellants.

Dechert LLP, New York (Robert J. Jossen of counsel), for Hunts Point Terminal Produce Cooperative Association, Inc., respondent.

Order and judgment (one paper) of the Supreme Court, Bronx County (Lucy Billings, J.), entered December 3, 2007, which, insofar as appealed from as limited by the briefs and appellant's letter of March 9, 2009, directed respondents New York City Business Integrity Commission (BIC) and Thomas McCormack, within 90 days after entry of the order, to initiate rulemaking of regulations establishing bonding and waste disposal requirements unanimously reversed, on the law, without costs, and the direction vacated.

Since petitioner did not request that BIC and McCormack (BIC's then-chair) initiate rulemaking, Supreme Court should not have granted that relief (Matter of Nozzleman 60, LLC v Village Bd. of Vil. of Cold Spring, 34 AD3d 680, 681 [2006], lv denied 9 NY3d 803 [2007]). Concur—Saxe, J.P., Buckley, McGuire, DeGrasse and Freedman, JJ.