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In Re Joseph Golia, Petitioner v. Roberto Velez

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


July 3, 2012

IN RE JOSEPH GOLIA, PETITIONER, ----
v.
ROBERTO VELEZ, ETC., ET AL., RESPONDENTS.

Matter of Matter of Golia v Velez

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.

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

20120703

© 1992-2012 VersusLaw Inc.



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