New York Court of Appeals

In the Matter of Barton Trucking Corp., against Bernard J. O'Connell, as Commissioner of Licenses of the City of New…

December 30, 19597 N.Y.2d 299

Summary

The New York Court of Appeals held that the City Commissioner of Licenses may consider an applicant's character and fitness when issuing a public cart license and that the Commissioner’s refusal to license Barton Trucking Corp. was supported by substantial evidence, so the lower court's dismissal of the petition was reinstated.