235 Hotel LLC v. Department of Housing Preservation & Development
Cases that cite this one
1 later published case cites this decision.
- Hersh v. City of New York Department of Housing Preservation & Development (Appellate Division of the Supreme Court of New York 2007)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order and judgment (one paper), Supreme Court, New York County (William Wetzel, J.), entered April 23, 2002, which granted respondent’s motion to reargue petitioner’s CPLR article 78 application to annul respondent’s determination, dated May 3, 2000, which denied petitioner’s application for a certificate of no harassment, and upon reargument, adhered to judgment, same court and Justice, entered on or about January 31, 2002, which set aside respondent’s determination, unanimously reversed, on the law, without costs, the petition treated as one transferred to this Court for de novo review, and upon such review, respondent’s determination reinstated and confirmed, the petition denied and the proceeding dismissed.
Inasmuch as the petition raised an issue as to whether the challenged determination of respondent, which denied petitioner’s application for a certificate of no harassment, was supported by substantial evidence, the IAS court should have transferred the proceeding to this Court pursuant to CPLR 7804 (g) (see Matter of Featherstone v Franco, 269 AD2d 109, 110 [2000], affd 95 NY2d 550 [2000]; Matter of McMillian v Kerik, 306 AD2d 17 [2003]).
Upon our de novo review of the record, we find that the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.