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Stop The Chop NYNJ Inc. v. Franchise & Concession Review Comm. of N.Y.C.

Summons With Notice Insufficient Without Complaint to Commence Article 78 Proceeding

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DECISION & ORDER

*1 Motion Sequence Numbers 001 and 002 are consolidated for disposition. The motion to dismiss (Mot Seq 001) by respondents Franchise and Concession Review Committee of the City of New York, the City of New York acting by and through the New York City Department of Small Business and the New York City Economic Development Corporation (collectively, the “City”) and the motion to dismiss (Mot Seq 002) by respondent FirstFlight Heliports, LLC d/b/a Saker Aviation Services (“FirstFlight”) are granted.BackgroundThis proceeding arises out of petitioner’s complaints about noise from tourist helicopter rides in Manhattan. Petitioner claims that it is a non-profit corporation consisting of thousands of New York City residents who live along the flight path of these helicopter rides. On July 13, 2016, respondent Franchise and Concession Review Committee approved a resolution implementing provisions contained in a February 2016 agreement between respondent FirstFlight and the New York City Department of Small Business

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