Albanese v. Popolizio

Appellate Division of the Supreme Court of New York

Albanese v. Popolizio

107 A.D.2d 748, 484 N.Y.S.2d 110, 1985 N.Y. App. Div. LEXIS 42656

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 22, 1985

StatusPublished

This text of 107 A.D.2d 748 (Albanese v. Popolizio) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Albanese v. Popolizio, 107 A.D.2d 748, 484 N.Y.S.2d 110, 1985 N.Y. App. Div. LEXIS 42656 (N.Y. Ct. App. 1985).

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Opinion

— In a proceeding pursuant to CPLR article 78 to review a determination of respondent which fined petitioner $320, expelled him from the Rent Stabilization Association as to the apartment unit in question and placed that apartment under rent control, petitioner appeals from a judgment of the Supreme Court, Kings County (Golden, J.), entered June 23, 1983, which dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

The record reveals that a rational basis exists for respondent’s determination. The petitioner landlord failed for almost a year to make repairs required by law. In addition, petitioner failed to accede to the board’s efforts to obtain compliance with the law and he did not pay a fine imposed for said noncompliance. In light of all the circumstances of this case it cannot be said that the sanctions imposed are so disproportionate to the offense “ ‘as to be shocking to one’s sense of fairness’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 233). Lazer, J. P., Mangano, Gibbons and Niehoff, JJ., concur.

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— In a proceeding pursuant to CPLR article 78 to review a determination of respondent which fined petitioner $320, expelled him from the Rent Stabilization Association as to the apartment unit in question and placed that apartment under rent control, petitioner appeals from a judgment of the Supreme Court, Kings County (Golden, J.), entered June 23, 1983, which dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

The record reveals that a rational basis exists for respondent’s determination. The petitioner landlord failed for almost a year to make repairs required by law. In addition, petitioner failed to accede to the board’s efforts to obtain compliance with the law and he did not pay a fine imposed for said noncompliance. In light of all the circumstances of this case it cannot be said that the sanctions imposed are so disproportionate to the offense “ ‘as to be shocking to one’s sense of fairness’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 233). Lazer, J. P., Mangano, Gibbons and Niehoff, JJ., concur.

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Bluebook (online)

107 A.D.2d 748, 484 N.Y.S.2d 110, 1985 N.Y. App. Div. LEXIS 42656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albanese-v-popolizio-nyappdiv-1985.