IN RE: Application of BURRITO FACTORY (2000)

Judgment, Supreme Court, New York County (Louise Gruner Gans, J.), entered February 17, 1999, which denied the petition brought pursuant to CPLR article 78 to annul a determination of the City Environmental Control Board, dated January 21, 1998, finding that petitioner twice violated Administrative Code of the City of New York § 24-141 and fining petitioner a total of $530 for those violations, and dismissed the proceeding, unanimously affirmed, without costs.

 We decline to disturb the determination that Administrative Code § 24-141(b)(24), which defines “air contaminants” to include “Processing of food stuffs”, encompasses the usual and ordinary odors produced by spicy food, escaping into a complainant's residential apartment, where such odors “cause [ ] or may cause detriment to the health, safety, welfare or comfort” of the complainant within the meaning of the Code section (see also, Matter of Charlotte's Catering Corp. v. New York City Envtl. Control Bd., 270 A.D.2d 217, 705 N.Y.S.2d 231, decided herewith), since respondent agency's reasonable, rational interpretation and application of the Code sections under which it functions are entitled to judicial deference (see, Matter of Gellerman v. Higgins, 213 A.D.2d 309, 624 N.Y.S.2d 830).   We further find that Administrative Code 24-141 is not unconstitutionally vague (see, New Amber Auto Serv., Inc. v. New York City Envtl. Control Bd., 163 Misc.2d 113, 619 N.Y.S.2d 496).

MEMORANDUM DECISION.