IN RE: Application of Pedro Rolando ORTIZ

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

IN RE: Application of Pedro Rolando ORTIZ, etc., et al., Petitioners-Appellants, For a Judgment, etc., v. HUMAN RESOURCES ADMINISTRATION OF the CITY OF NEW YORK, et al., Respondents-Respondents.

Decided: May 30, 2000

MAZZARELLI, J.P., ELLERIN, LERNER, ANDRIAS and FRIEDMAN, JJ. Lorenzo Casanova, for Petitioners-Appellants. Julian L. Kalkstein, for Respondents-Respondents.

Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered June 15, 1999, which denied petitioner food stamp sub-vendor's application to annul respondents' determination not to alter its reinstatement agreement with petitioner, and dismissed the petition, unanimously affirmed, without costs.

Respondent's decision not to alter its reinstatement agreement with petitioner by eliminating the condition that petitioner not employ his son in his business was not arbitrary and capricious.   Such decision was rationally based on the fraud that petitioner's son had committed against the food stamp program when employed by petitioner, and on a reasonable reading of the condition as permanent.