Legal Opinion

Peckham v. Calogero

Appellate Division of the Supreme Court of the State of New York

Decided June 26, 2008PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Saxe, J.

Once an administrative agency has decided a matter, based upon a proper factual showing and the application of its own regulations and precedent, the parties to that matter are entitled to have the determination treated as final. Although a remand may be appropriate where the agency has made the type of substantial error that constitutes an “irregularity in vital matters” (Matter of Porter v New York State Div. of Hous. & Community Renewal, 51 AD3d 417, 418 [2008]), no remand is appropriate where the agency is “merely seeking a second chance to reach a different…

2Cases cited9 opinions

  1. In the Matter of Pantelidis v. New York City Board of Standards and AppealsNew York Court of Appeals · 2008
  2. Matter of Yonkers Gardens Co. v. State of New York Div. of Hous. & Cmty. RenewalNew York Court of Appeals · 1980
  3. Pantelidis v. New York City Board of Standards & AppealsAppellate Division of the Supreme Court of the State of New York · 2007
  4. DeJesus v. RobertsAppellate Division of the Supreme Court of the State of New York · 2002
  5. Hakim v. Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2000

4 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Peckham v. CalogeroNew York Court of Appeals · 2009
  2. Gersten v. 56 7th Avenue LLCAppellate Division of the Supreme Court of the State of New York · 2011
  3. 60 East 12th Street Tenants' Ass'n v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2015
  4. de Blasio v. New York City Conflict of Interest Bd.New York Supreme Court, New York County · 2025
  5. Matter of 118 Duane LLC v. New York State Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2023

9 more not listed; retrieve them via the Exa API.

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