Praiss v. Holland

Appellate Division of the Supreme Court of New York

Praiss v. Holland

193 A.D.2d 725, 598 N.Y.S.2d 58, 1993 N.Y. App. Div. LEXIS 4943

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

DecidedMay 17, 1993

StatusPublished

This text of 193 A.D.2d 725 (Praiss v. Holland) 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

Praiss v. Holland, 193 A.D.2d 725, 598 N.Y.S.2d 58, 1993 N.Y. App. Div. LEXIS 4943 (N.Y. Ct. App. 1993).

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Opinion

In an action to collect a fine of $2,000 assessed against the defendants for violations of the Rockland County Sanitary Code by the plaintiff Commissioner of Health of Rockland County, the defendants appeal from an order of the Supreme Court, Rockland County (Lefkowitz, J.), dated January 30, 1991, which granted the plaintiffs’ motion for summary judgment.

Ordered that the order is affirmed, with costs.

The Commissioner of Health of Rockland County had the [726]*726authority to impose fines of up to $500 for each sanitary code violation found (see, Matter of Holland v Commissioner of Health of Rockland County, 193 AD2d 744 [decided herewith]). Further, the defendants may not collaterally attack the plaintiffs’ determination in this action to collect a civil penalty (see, Matter of Lewis Tree Serv. v Fire Dept., 66 NY2d 667). Bracken, J. P., Miller, Copertino and Pizzuto, JJ., concur.

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In an action to collect a fine of $2,000 assessed against the defendants for violations of the Rockland County Sanitary Code by the plaintiff Commissioner of Health of Rockland County, the defendants appeal from an order of the Supreme Court, Rockland County (Lefkowitz, J.), dated January 30, 1991, which granted the plaintiffs’ motion for summary judgment.

Ordered that the order is affirmed, with costs.

The Commissioner of Health of Rockland County had the [726]*726authority to impose fines of up to $500 for each sanitary code violation found (see, Matter of Holland v Commissioner of Health of Rockland County, 193 AD2d 744 [decided herewith]). Further, the defendants may not collaterally attack the plaintiffs’ determination in this action to collect a civil penalty (see, Matter of Lewis Tree Serv. v Fire Dept., 66 NY2d 667). Bracken, J. P., Miller, Copertino and Pizzuto, JJ., concur.

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Bluebook (online)

193 A.D.2d 725, 598 N.Y.S.2d 58, 1993 N.Y. App. Div. LEXIS 4943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/praiss-v-holland-nyappdiv-1993.

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