Maloney v. Breezy Point Cooperative, Inc.

Appellate Division of the Supreme Court of New York

Maloney v. Breezy Point Cooperative, Inc.

52 A.D.2d 926, 384 N.Y.S.2d 989, 1976 N.Y. App. Div. LEXIS 12778

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

DecidedMay 17, 1976

StatusPublished

This text of 52 A.D.2d 926 (Maloney v. Breezy Point Cooperative, Inc.) 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

Maloney v. Breezy Point Cooperative, Inc., 52 A.D.2d 926, 384 N.Y.S.2d 989, 1976 N.Y. App. Div. LEXIS 12778 (N.Y. Ct. App. 1976).

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Opinion

In a proceeding pursuant to CPLR article 78 to review a determination by appellant which, after a hearing, (1) found petitioner guilty of speeding and (2) imposed a fine (allegedly an improper use fee) upon him, the appeal is from a judgment of the Supreme Court, Queens County, dated January 5, 1976, which, inter alia, granted the application. Judgment reversed, on the law, with costs, determination confirmed and proceeding dismissed on the merits. No fact findings were presented for review. Appellant’s determination, made after a hearing, to impose a $25 "maximum use fee” on the petitioner, is proper and enforceable (cf. Vernon Manor Co-op. Apts., Section I v Salatino, 15 Misc 2d 491). There is no merit in petitioner’s other arguments. Hopkins, Acting P. J., Martuscello, Latham, Titone and Hawkins, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination by appellant which, after a hearing, (1) found petitioner guilty of speeding and (2) imposed a fine (allegedly an improper use fee) upon him, the appeal is from a judgment of the Supreme Court, Queens County, dated January 5, 1976, which, inter alia, granted the application. Judgment reversed, on the law, with costs, determination confirmed and proceeding dismissed on the merits. No fact findings were presented for review. Appellant’s determination, made after a hearing, to impose a $25 "maximum use fee” on the petitioner, is proper and enforceable (cf. Vernon Manor Co-op. Apts., Section I v Salatino, 15 Misc 2d 491). There is no merit in petitioner’s other arguments. Hopkins, Acting P. J., Martuscello, Latham, Titone and Hawkins, JJ., concur.

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Bluebook (online)

52 A.D.2d 926, 384 N.Y.S.2d 989, 1976 N.Y. App. Div. LEXIS 12778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maloney-v-breezy-point-cooperative-inc-nyappdiv-1976.

Opinion

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