Department of Hous. Preserv. & Dev. of City of N.Y. v Whittaker

[*1] Department of Hous. Preserv. & Dev. of City of N.Y. v Whittaker 2012 NY Slip Op 51267(U) Decided on June 26, 2012 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 26, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : RIOS, J.P., PESCE and ALIOTTA, JJ
2010-2883 K C.

Department of Housing Preservation and Development of the City of New York, Respondent,

against

Albertina Whittaker, Appellant.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Inez Hoyos, J.), entered July 1, 2010. The judgment, after a nonjury trial, awarded petitioner the sum of $7,000.

ORDERED that the judgment is affirmed, without costs.

In this enforcement proceeding brought by the New York City Department of Housing Preservation and Development, the Civil Court found that petitioner had demonstrated that respondent had violated Administrative Code of the City of New York § 27-2029 (a) (1) between January 28, 2010 and February 10, 2010, and that respondent had failed to demonstrate the existence of any mitigating factors (see Administrative Code § 27-2115 [k] [3]). We see no basis in the record to disturb these findings (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). Accordingly, the judgment awarding petitioner the sum of $7,000 is affirmed.

Rios, J.P., Pesce and Aliotta, JJ., concur. [*2]
Decision Date: June 26, 2012