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Epdi Associates v. New York City Loft Board

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 10, 2009

IN RE EPDI ASSOCIATES, PETITIONER-RESPONDENT,
v.
NEW YORK CITY LOFT BOARD, RESPONDENT-APPELLANT,
STEPHEN CONLEY, RESPONDENT.

Order, Supreme Court, New York County (Marcy L. Kahn, J.), entered December 20, 2007, which granted the owner's petition to the extent of annulling that part of a Loft Board order that required amendment of an abandonment application to list former tenants as affected parties to be served with notice of the application, rejected the administrative law judge's recommendation that the former tenants' units were abandoned, and remanded the application for further proceedings, unanimously reversed, on the law, without costs, the petition denied in its entirety, the proceeding dismissed, and the Loft Board order reinstated and confirmed.

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.

Mazzarelli, J.P., Saxe, Nardelli, DeGrasse, Freedman, JJ.

108960/07

The Loft Board properly interpreted its own regulation (see IG Second Generation Partners L.P. v New York State Div. of Hous. & Community Renewal, 10 NY3d 474, 481 [2008]). It also correctly understood its own prior order in implicitly finding that it did not decide the rights of the departed Brower, Koch and Roussin tenants, so the order at issue was neither irrational nor inconsistent with the administrative body's own precedent (cf. Matter of Field Delivery Serv. [Roberts], 66 NY2d 516 [1985]). We note that the obituary of a departed tenant was not part of the administrative record, and was thus improperly considered by the court (see Rizzo v New York State Div. of Hous. & Community Renewal, 6 NY3d 104, 110 [2005]), and that the Loft Board was justifiably skeptical about other evidence submitted by petitioner.

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

20090310

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