New York City Committee for Taxi Safety v. New York City Taxi and Limousine Com'n
| Decision Date | 15 December 1998 |
| Citation | 256 A.D.2d 136,681 N.Y.S.2d 509 |
| Parties | 1998 N.Y. Slip Op. 11,093 NEW YORK CITY COMMITTEE FOR TAXI SAFETY, Petitioner-Appellant-Respondent, For a Judgment, etc., v. NEW YORK CITY TAXI AND LIMOUSINE COMMISSION, et al., Respondents-Respondents-Appellants. Metropolitan Taxicab Board of Trade, Inc., et al., Petitioners-Appellants-Respondents, For a Judgment, etc., v. Diane McGrath McKechnie, etc., et al., Respondents-Respondents-Appellants. New York City Committee For Taxi Safety, et al., Petitioners-Appellants, For a Judgment, etc., v. New York City Taxi and Limousine Commission, et al., Respondents-Respondents. |
| Court | New York Supreme Court — Appellate Division |
Susan T. Dwyer, for Petitioners-Appellants-Respondents.
Kathleen Alberton, for Respondents-Respondents-Appellants.
Before LERNER, P.J., SULLIVAN, MILONAS, ROSENBERGER and ELLERIN, JJ.
Order and judgment (one paper), Supreme Court, New York County (Franklin Weissberg, J.), entered on or about July 21, 1998, which, inter alia, declared that certain regulations adopted by respondent New York City Taxi and Limousine Commission on May 28, 1998 are valid, with the exception of 35 RCNY 1-02(1), unanimously modified, on the law, to declare 35 RCNY 1-02(1) valid as well, and otherwise affirmed, without costs.
Petitioners fail to meet their heavy burden of showing that the subject regulations are unreasonable and unsupported by any evidence (see, Matter of Consolation Nursing Home v. Commissioner of N.Y. State Dept. of Health, 85 N.Y.2d 326, 331-332, 624 N.Y.S.2d 563, 648 N.E.2d 1326; Matter of Versailles Realty Co. v. New York State Div. of Hous. & Community Renewal, 76 N.Y.2d 325, 328, 559 N.Y.S.2d 472, 558 N.E.2d 1009), or beyond the broad grant of authority delegated to respondent TLC under New York City Charter § 2303 to promulgate and implement a pervasive regulatory program for the taxicab industry (see, Matter of City of New York v. State of New York Commn. On Cable Tel., 47 N.Y.2d 89, 92, 416 N.Y.S.2d 786, 390 N.E.2d 293), including standards and conditions of service, safety, design, comfort and convenience, requirements for the issuance, renewal, suspension and revocation of licenses, and requirements for the maintenance of financial security, insurance and minimum coverage. In the latter regard, we disagree with the IAS court that 35 RCNY 1-02(1), which requires financial disclosure from each taxicab owner, member of a partnership, or shareholder, officer or...
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