MATTER OF 345 WEST 70TH TENANTS CORP. v. NEW YORK CITY ENVIRONMENTAL CONTROL BD.

2072, 100776/14.

143 A.D.3d 654 (2016)

2016 NY Slip Op 07099

39 N.Y.S.3d 768

In the Matter of 345 WEST 70TH TENANTS CORP., Petitioner, v. NEW YORK CITY ENVIRONMENTAL CONTROL BOARD et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 27, 2016.


ECB's determination was not supported by substantial evidence, and was affected by an error of law (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 181 [1978]). The record demonstrates that petitioner's apartment building was constructed in 1905, prior to January 1, 1938, when certificates of occupancy began to be required. The inspection cards (I-cards) indicate that, as of January 1, 1938, the...

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