Legal Opinion

Mitchell v. City of New York Department of Health & Mental Hygiene

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

Decided November 14, 2005PublishedCited by 1 opinion

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review certain assessments on the petitioner’s property pursuant to Administrative Code of City of NY § 17-151, the City of New York Department of Health and Mental Hygiene appeals from a judgment of the Supreme Court, Kings County (Jacobson, J.), dated November 24, 2003, which granted the petition and vacated the assessments.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

As set forth in the answer to the petition, it is undisputed that the City of New York Department of…

2Cases cited4 opinions

  1. Cauldwest Realty Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
  2. M & D Contractors v. New York City Department of HealthAppellate Division of the Supreme Court of the State of New York · 1996
  3. 105th Street Development Corp. v. Commissioner of Department of HealthNew York Supreme Court · 2001
  4. Giordano v. City of New York Department of FinanceAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by1 opinion

  1. Brooklyn LLC v. City of New YorkNew York Supreme Court · 2007

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