Full text
In the Matter of Subway Check Cashing Service, Inc. v. Jill M. Considine, as Superintendent of Banks of State of New York
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 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.