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In Re Dwight Blair v. New York State Division of Housing and Community Renewal

New York Supreme and/or Appellate Courts Appellate Division, First Department


June 28, 2012

IN RE DWIGHT BLAIR,
PETITIONER-RESPONDENT, ----
v.
NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, RESPONDENT, CONCOURSE VILLAGE, INC., RESPONDENT-APPELLANT. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, AMICUS CURIAE.

Matter of Matter of Blair v New York State Div. of Hous. & Community Renewal

Decided on June 28, 2012

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.

Saxe, J.P., Friedman, Renwick, DeGrasse, Richter, JJ.

Order, Supreme Court, Bronx County (John A. Barone, J.), entered November 21, 2011, which ordered a hearing to determine the amount of attorney's fees to which petitioner was entitled in connection with an Article 78 proceeding and the underlying administrative proceedings commenced to establish his successor interest in a Mitchell-Lama apartment, unanimously reversed, on the law, without costs, and the motion for attorney's fees denied.

Real Property Law § 234 provides for a reciprocal right to attorney's fees where a residential lease authorizes such fees in favor of the landlord "in any action or summary proceeding" (Real Property Law 234). Because this provision does not apply to either administrative proceedings or proceedings brought pursuant to CPLR Article 78 (see Matter of Chessin v New York City Conciliation and Appeals Bd., 100 AD2d 297, 306 [1984]), petitioner is not entitled to attorney's fees.

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

ENTERED: JUNE 28, 2012

DEPUTY CLERK

20120628

© 1992-2012 VersusLaw Inc.



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