Matter of Sirju-Kar Corp. v. City of New York

• Decision Date: 21 July 2009
• Docket Number: 2008-07574.
• Citation: 883 N.Y.S.2d 569,2009 NY Slip Op 05971,64 A.D.3d 716
• Parties: In the Matter of SIRJU-KAR CORP., Respondent, v. CITY OF NEW YORK et al., Appellants.
• Court: New York Supreme Court — Appellate Division

64 A.D.3d 716

883 N.Y.S.2d 569

2009 NY Slip Op 05971

In the Matter of SIRJU-KAR CORP., Respondent, v. CITY OF NEW YORK et al., Appellants.

2008-07574.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 21, 2009.

In a proceeding pursuant to CPLR article 78 (1) to review a determination of the New York City Environmental Control Board dated December 3, 2007, denying the petitioner's application to vacate its defaults on violation Nos. 34393857K and 34508090L issued by the New York City Department of Buildings to a building located at 69 Kingston Avenue, Brooklyn, (2) to compel the New York City Environmental Control Board to give the petitioner an opportunity to be heard on "all violations" issued to the subject building, (3) to permit the petitioner to correct "the various violations" without penalty while awaiting hearings on the violations, and (4) to adjourn the hearing of "any violations" pending determination of the proceeding, the appeal is from a judgment of the Supreme Court, Kings County (Held, J.), dated July 2, 2008, which granted the petition, annulled the determination, and directed the New York City Environmental Control Board to give the petitioner an opportunity to be heard on "all violations" issued to the subject building, to permit the petitioner to correct "the various violations" without penalty while awaiting hearings on the violations, and to adjourn the

hearing of "any violations" pending determination of the proceeding.

Ordered that the judgment is modified, on the law, (1) by deleting the second decretal paragraph thereof directing the New York City Environmental Control Board to give the petitioner an opportunity to be heard on "all violations" issued to 69 Kingston Avenue, Brooklyn, and substituting therefor a provision directing the New York City Environmental Control Board to give the petitioner an opportunity to be heard on violation Nos. 34393857K and 34508090L, (2) by deleting the third decretal paragraph thereof directing Patricia Lancaster, Commissioner of the Department of Buildings, to permit the petitioner to correct "the various violations" without penalty while awaiting the hearings of such violations, and substituting therefor a provision directing Patricia Lancaster, Commissioner of the Department of Buildings, to permit the petitioner to correct violation Nos. 34393857K and 34508090L without penalty while awaiting the hearings on those violations, and (3) by deleting the...