Padberg v. McGrath-McKechnie

In Padberg v. McGrath-McKechnie, NYLJ, May 2, 2002, at 32, col 1 [EDNY Dearie, J.] Judge Dearie observed, "It may indeed be true that 19-507 of the Administrative Code limits the authority of the TLC [to revoke a license for a service refusal]." (Padberg, at 33, col 4). However, Judge Dearie did not resolve the question of state law and declined to find a federal Due Process violation on that ground. "Regardless of whether [Respondent's] interpretation of the TLC Rules and the Administrative Code may have been incorrect, suspending or revoking licenses for race-based service refusals was not arbitrary or irrational and therefore did not violate substantive due process." (id. at 33, col 5).