
    [979 NE2d 799, 955 NYS2d 540]
    In the Matter of Jerry Delakas, Appellant, v Jonathan Mintz, in His Capacity as Commissioner of the New York City Department of Consumer Affairs, Respondent.
    Decided October 23, 2012
    
      APPEARANCES OF COUNSEL
    
      Santamarina & Associates, New York City (Gil Santamarina of counsel), for appellant.
    
      Proskauer Rose LLP, New York City (Alyse Fiori of counsel), and Michael A. Cardozo, Corporation Counsel (Elizabeth S. Natrella of counsel) for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The determination of the New York City Department of Consumer Affairs to deny petitioner’s license to operate a newsstand because petitioner was not financially dependent on the licensee within the meaning of 6 RCNY 2-64 (a) (12) had a rational basis and was not arbitrary or capricious.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.  