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TESTWELL, INC. v. NYC DEPT.

111801/09.

80 A.D.3d 266 (2010)

913 N.Y.S.2d 53

TESTWELL, INC., Doing Business as TESTWELL LABORATORIES, INC., Respondent, v. NEW YORK CITY DEPARTMENT OF BUILDINGS et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 7, 2010.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Cheryl Payer , Stephen J. McGrath and Teresita V. Magsino of counsel), for appellants.

Tarter Krinsky & Drogin, LLP, New York City ( David J. Pfeffer of counsel), for respondent.

CATTERSON, RENWICK, DeGRASSE and MANZANET-DANIELS, JJ., concur.

OPINION OF THE COURT

ANDRIAS, J.P.

At issue in this CPLR article 78 proceeding is the propriety of the determination of respondent New York City Department of Buildings (the Department), which denied renewal of petitioner's, Testwell, Inc., doing business as Testwell Laboratories, Inc., concrete testing laboratory license. Because we conclude that Testwell was afforded the reasonable notice and opportunity to be...

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