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MATTER OF ONLY PROPS. LLC v. NEW YORK CITY DEPT. OF BLDGS.

Index No. 159184/20. Appeal No. 16899. Case No. 2022-02758.

211 A.D.3d 541 (2022)

181 N.Y.S.3d 38

2022 NY Slip Op 07162

In the Matter of Only Properties LLC, Appellant, v. New York City Department of Buildings et al., Respondents.

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

Decided December 15, 2022.

Attorney(s) appearing for the Case

Peluso Touger LLP, New York (Nicole Waknine of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Eva L. Jerome of counsel), for respondents.

Concur—Renwick, J.P., Shulman, Rodriguez, Higgitt, JJ.

Judgment (denominated an order), Supreme Court, New York County (Debra James, J.), entered February 7, 2022, denying the petition to vacate a determination of respondent New York City Office of Administrative Trials and Hearings (OATH), dated September 10, 2020, which reinstated the charge of occupancy contrary to a certificate of occupancy, in violation of Administrative Code of City of NY § 28-118.3.2, and imposed a civil penalty of $500, and dismissing the proceeding...

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