You are here: / / NYC Taxi & Limousine Commission Had the Authority to Mandate the Use...
,

NYC Taxi & Limousine Commission Had the Authority to Mandate the Use of a Particular Vehicle as a NYC Taxi

The First Department, in a full-fledged opinion by Justice Saxe, over a dissent, determined that the New York City Taxi and Limousine Commission (TLC) did not exceed its grant of authority under the NYC Charter and did not violate the separation of powers doctrine when it mandated the use of a particular vehicle for taxis in NYC. The TLC essentially designed a vehicle, to be used as New York City medallion taxicabs, which met all of its criteria and then chose a manufacturer, Nissan, to build it. Under the “Taxi of Tomorrow Rules…”, after October 31, 2013, holders of unrestricted medallions who  were scheduled to replace their taxi vehicles were required to buy the Nissan (called the Nissan NV200).  An association of taxi fleet owners brought an action for a declaratory judgment asking the court to find the “Taxi of Tomorrow Rules…” invalid. Supreme Court did so, holding that the TLC had exceeded its powers under the NYC Charter and had essentially crossed the line between administration and legislation. The First Department disagreed and reversed:

Ultimately, the key to determining whether an agency has exceeded the scope of its authority is …in examining the enabling legislation. The scope of the mandate established by City Charter § 2300 is sufficiently expansive to permit the TLC to act as it did. * * *

…[H]ere …the Legislature had clearly articulated its policy regarding the TLC’s assigned task, namely, the goal of ensuring and optimizing the comfort of riders, while protecting the public, the environment, the drivers, and the rights of medallion owners. The TLC was not left to take action based on its own ideas of sound public policy. Even if, arguendo, the TLC’s adoption of the revised Taxi of Tomorrow rules may be characterized as involving policy-making, here, the parameters of that policy-making were set by the City Council in the City Charter.  Greater NY Taxi Assn v New York City Taxi & Limousine Commn, 2014 NY Slip Op 04156, 1st Dept 6-10-14

 

You might also like
THE RECORDING AND DISCLOSURE OF INMATE PHONE CALLS DO NOT VIOLATE THE INMATES’ RIGHT TO EQUAL PROTECTION (FIRST DEPT).
EXPERT AFFIDAVIT SUFFICIENT TO RAISE A QUESTION OF FACT WHETHER THE SCHOOL NURSE’S FAILURE TO TELL PLAINTIFF TO REMOVE A CONTRACEPTIVE DEVICE WAS A PROXIMATE CAUSE OF BLOOD CLOTS AND SEVERE BRAIN DAMAGE.
Hearsay About Cause of Fall Included in Hospital Report Should Not Have Been Presented to the Jury
​EMOTIONAL AND PSYCHOLOGICAL DAMAGES, AS OPPOSED TO PECUNIARY DAMAGES, WILL NOT SUPPORT AN ACTION FOR BREACH OF FIDUCIARY DUTY (FIRST DEPT). ​
EVEN WHERE, AS HERE, THE REVIEWING COURT WOULD HAVE DECIDED THE MATTER DIFFERENTLY, THE COURT MUST AFFIRM AN ADMINISTRATIVE AGENCY’S RULING WHICH HAS A RATIONAL BASIS; THE TWO-JUSTICE DISSENT ARGUED THE PROOF PETITIONER RESIDED WITH HIS BROTHER IN THE MITCHELL-LAMA APARTMENT WAS SUFFICIENT AND PETITIONER WAS ENTITLED TO SUCCESSION RIGHTS (FIRST DEPT).
NOTICE OF CLAIM TIMELY SERVED AS A MATTER OF LAW UNDER THE CONTINUOUS TREATMENT DOCTRINE.
IN ORDERING A NEW HEARING ON MOTHER’S PETITION TO RELOCATE, THE FIRST DEPARTMENT NOTED THE INADEQUACY OF THE PROOF PRESENTED BY ASSIGNED COUNSEL AT THE FIRST HEARING AND CONSIDERED “NEW” FACTS WHICH WERE NOT PART OF THE RECORD ON APPEAL (FIRST DEPT). ​
PLAINTIFF COULD NOT IDENTIFY CAUSE OF THE FALL AND ANY DEFECTS IN THE SIDEWALK WERE INSIGNIFICANT.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Prohibition Proceeding Was the Proper Vehicle to Contest the Appointment of... “No Action” Clause In a Trust Indenture Interpreted Narrowly Under...