Subway Check Cashing Service, Inc. v. Considine

Majority

p. 406

In the Matter of Subway Check Cashing Service, Inc., Appellant, v Jill M. Considine, as Superintendent of Banks of State of New York, et al., Respondents.

IAS did not err in holding that petitioner, a licensed check casher, lacked standing under Banking Law § 369 to challenge the issuance of a check-cashing license to a competitor at nearby location, since a competitive injury, in and of itself, does not confer standing to challenge an administrative determination (Matter of Dairylea Coop. v Walkley, 38 NY2d 6 ; Matter of Nostrand Check Cashing Co. v Clark, 27 Misc 2d 799 , affd 13 AD2d 922 ). In any event, the record contains a

p. 407

rational basis for respondents’ finding that the proposed new check-cashing facility would "promote the convenience and advantage of the area” (Banking Law § 369 [1]). Concur— Rosenberger, J. P., Asch, Ellerin and Wallach, JJ.

Cases cited

Dairylea Cooperative, Inc. v. Walkley 38 NY2d 6 N.Y. 1975-10-28 p. 406
Nostrand Check Cashing Co. v. Clark 27 Misc 2d 799 N.Y. Sup. Ct. 1960-11-22 p. 406

Statutes and regulations cited

Banking Law p. 406, p. 407