Class Carting of Clarkstown, Inc. v. Clarkstown Sanitation Commission
Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the Clarkstown Sanitation Commission which, after a hearing, denied the application of the petitioner Class Carting of Clarkstown, Inc., for a commercial carting license, the Clarkstown Sanitation Commission appeals from a judgment of the Supreme Court, Westchester County (Herold, J.), entered June 11, 1988, which annulled its determination and directed that a license be issued to the petitioner.
Ordered that the judgment is affirmed, with costs.
As part of its 1987 application for a commercial carting license, the petitioner Class Carting of Clarkstown, Inc., was required to fill out a questionnaire in which, inter alia, it had to list all convictions and/or arrests of its stockholders, officers and directors. On the application, the petitioner’s sole share
We find that the Supreme Court properly annulled the determination of the Commission and directed that a license be issued to the petitioner. Contrary to the Commission’s contention, there was no proof that the petitioner willfully failed to disclose the omitted information (see, Matter of Cacchioli v Hoberman, 31 NY2d 287). In view of the foregoing, we reach no other issue on this appeal. Thompson, J. P., Lawrence, Kunzeman and Harwood, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.