Legal Opinion
Cadman Plaza North, Inc. v. New York City Department of Housing Preservation & Development
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 2002PublishedCited by 9 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Kibbie Payne, J.), entered October 12, 2000, which, in a CPLR article 78 proceeding to determine succession rights to a Mitchell-Lama apartment, remanded the matter to respondent for an evidentiary hearing, unanimously reversed, on the law, without costs, and the petition dismissed.
The remand was improper and the owner’s petition should have been dismissed. Initially, there must be a protected property interest sufficient to trigger the requirements of procedural due process (Matter of Daxor Corp. v State of N.Y. Dept. of Health, 90 NY2d 89, 98 [cert…
2Cases cited3 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Uniform Firefighters of Cohoes v. City of CohoesNew York Court of Appeals · 2000
- Daxor Corp. v. State of New York Department of HealthNew York Court of Appeals · 1997
3Cited by9 opinions
- Hochhauser v. City of New York Department of Housing Preservation & DevelopmentAppellate Division of the Supreme Court of the State of New York · 2008
- Pietropolo v. New York City Department of Housing Preservation & DevelopmentAppellate Division of the Supreme Court of the State of New York · 2007
- Yunayeva v. Kings Bay Housing Co.Appellate Division of the Supreme Court of the State of New York · 2012
- Matter of Tak Yuet Kong v. Commissioner of LaborAppellate Division of the Supreme Court of the State of New York · 2023
- Matter of Tak Yuet Kong v. Commissioner of LaborAppellate Division of the Supreme Court of the State of New York · 2023
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