PL1020190

Page 2

Dept. of Consumer Affairs v. Two Thousand Daisy’s, LLC.

CITY OF NEW YORK

DEPARTMENT OF CONSUMER AFFAIRS

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THE DEPARTMENT OF CONSUMER AFFAIRS,
Complainant,
– against –
Two Thousand Daisy’s, LLC.
Respondent.
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DECISION AND ORDER

Violation No.: PL 1020190
Respondent’s Address:
75 Greenwich Ave.
New York, NY 10014
Date: 1/13/04

A hearing on the above-captioned matter was held on December 3, 2003.

Appearances: For the Department: Inspector Mahmoud. For the Respondent: Yair Nudel, authorized representative; Michael Kelly, authorized representative (mail decision to Michael Kelly at 161 –06 Jewel Avenue (Apt. 4 H), Queens, NY 11365); and Robert Callahan, observer.

The Notice of Hearing charged the respondent with violating Section 20-224(a) of the Administrative Code of the City of New York by engaging in unlicensed sidewalk cafe activity.

Based on the evidence in this case, I FIND the following:

Findings of Fact:

On October 15, 2003, there were 9 tables and 17 chairs set up in front of 2000 Daisy’s-Greenwich Café, Inc., located at 75 Greenwich Avenue, New York, NY. The respondent, Two Thousand Daisy’s, LLC was no longer operating at this location on this date.

Opinion

The Department did not meet its burden of proving that the respondent, Two Thousand Daisy’s, LLC was operating a sidewalk café on October 15, 2003.

The credible evidence establishes that the respondent was no longer located at this address since September 10, 2003. A Bill of Sale dated, September 10, 2003 evidenced the sale of the respondent’s business by Sarid Drory, the owner,

to Shiman Parient. The new business was renamed 2000 Daisy’s-Greenwich Café, Inc.

DECISION AND ORDER

The respondent is found not guilty and the charge is DISMISSED.

This constitutes the Decision and Order of the Department.

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M. Mirro

Administrative Law Judge

N.Y.C. DEPARTMENT OF CONSUMER AFFAIRS – 66 JOHN STREET- NEW YORK, NEW YORK 10038 - (212) 361- 7700

www.nyc.gov/consumers