Matter of Leung v. New York City Dept. of Bldgs.

Appellate Division of the Supreme Court of New York

Matter of Leung v. New York City Dept. of Bldgs.

123 A.D.3d 1032, 997 N.Y.S.2d 322

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

DecidedDecember 24, 2014

Docket2013-01430

StatusPublished

This text of 123 A.D.3d 1032 (Matter of Leung v. New York City Dept. of Bldgs.) 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

Matter of Leung v. New York City Dept. of Bldgs., 123 A.D.3d 1032, 997 N.Y.S.2d 322 (N.Y. Ct. App. 2014).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the Environmental Control Board of the City of New York, dated February 16, 2012, which confirmed a determination of an administrative law judge dated July 11, 2011, finding, after a hearing, that the petitioner violated Administrative Code of the City of New York §§ 28-210.1 and 28-202.1.

Adjudged that the determination dated February 16, 2012, is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner’s contention, the testimony of the building inspector who issued a notice of violation to her provided substantial evidence to support the determination of the Environmental Control Board of the City of New York that the petitioner violated sections 28-210.1 and 28-202.1 of the Administrative Code of the City of New York (see Administrative Code of City of NY § 27-2004 [a] [4]; NY City Building Code [Administrative Code of City of NY, tit 28, ch 7] § BC 310.2).

The petitioner’s remaining contentions are not properly before this Court.

Balkin, J.P., Leventhal, Hall and Hinds-Radix, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the Environmental Control Board of the City of New York, dated February 16, 2012, which confirmed a determination of an administrative law judge dated July 11, 2011, finding, after a hearing, that the petitioner violated Administrative Code of the City of New York §§ 28-210.1 and 28-202.1.

Adjudged that the determination dated February 16, 2012, is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner’s contention, the testimony of the building inspector who issued a notice of violation to her provided substantial evidence to support the determination of the Environmental Control Board of the City of New York that the petitioner violated sections 28-210.1 and 28-202.1 of the Administrative Code of the City of New York (see Administrative Code of City of NY § 27-2004 [a] [4]; NY City Building Code [Administrative Code of City of NY, tit 28, ch 7] § BC 310.2).

The petitioner’s remaining contentions are not properly before this Court.

Balkin, J.P., Leventhal, Hall and Hinds-Radix, JJ., concur.

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Bluebook (online)

123 A.D.3d 1032, 997 N.Y.S.2d 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-leung-v-new-york-city-dept-of-bldgs-nyappdiv-2014.