Matter of Golia v Velez

Matter of Matter of Golia v Velez 2012 NY Slip Op 05337 Decided on July 3, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 3, 2012
Tom, J.P., Moskowitz, Renwick, Abdus-Salaam, JJ.
7926 402677/10

[*1]In re Joseph Golia, Petitioner, ——

v

Roberto Velez, etc., et al., Respondents.




Richard Whitten, New York, for petitioner.
Michael A. Cardozo, Corporation Counsel, New York (Julian L.
Kalkstein of counsel), for respondents.

Determination of respondent Environmental Control Board, dated September 24, 2009, finding that petitioner owner had illegally altered his residence in violation of former § 27-118.1 of the Administrative Code of the City of New York, and imposing a penalty of $3050, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Donna M. Mills, J.], entered June 21, 2011), dismissed, without costs.

Respondent's determination was supported by substantial evidence (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]), including the inspector's testimony that the residence's garage space had been converted into a separate dwelling unit, which was not permitted by the certificate of occupancy. Petitioner was provided with sufficient notice of the violation (see Matter of McDonald v Fischer, 93 AD3d 969, 969 [2012]).

We have considered petitioner's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JULY 3, 2012

DEPUTY CLERK