Montepagani v. New York City Department of Health

Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered January 7, 2011, which, upon granting petitioner’s motion to renew, adhered to its prior order (same court and Justice), entered August 30, 2010, which denied the petition and dismissed the proceeding, unanimously affirmed, without costs.

We find that the IAS court property denied the petition both in its original order and upon renewal. As a preliminary matter, because petitioner’s proofs failed to raise any issue of material *475fact, the proceeding was properly determined without a hearing (see Matter of Battaglia v…