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Barklee Realty Co. LLC v. Bloomberg

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 9, 2009

BARKLEE REALTY COMPANY LLC, ET AL., PETITIONERS-APPELLANTS,
v.
MICHAEL BLOOMBERG, AS MAYOR OF THE CITY OF NEW YORK, ET AL., RESPONDENTS-RESPONDENTS.

Judgment, Supreme Court, New York County (Charles J. Tejada, J.), entered November 23, 2007, which denied the petition seeking, inter alia, to vacate respondent Environmental Control Board's rejection of petitioner's appeal and dismissed the proceeding, unanimously affirmed, without costs.

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., Sweeny, DeGrasse, Freedman, Abdus-Salaam, JJ.

113803/06

The Board's rejection of petitioners' appeal from a decision that imposed fines for their failure to certify the correction of violations noticed by respondent Fire Department was not arbitrary and capricious. Contrary to petitioners' contention, the notices of violation were reasonably calculated to apprise petitioners of the rules violated and to afford them an opportunity to be heard and to present their objections at the Board hearing. We have reviewed petitioners' remaining contentions and find them without merit.

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

20090609

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