Legal Opinion

275 Webster Tenants, Inc. v. Wright

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

Decided April 3, 1997Published

1Opinion of the Court

—Judgment (denominated an order), Supreme Court, New York County (Carol Arber, J.), entered on or about February 21, 1996, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent’s denial of J51 benefits for the installation of a new boiler/burner, and dismissed the petition, unanimously affirmed, without costs.

We defer to respondent’s interpretation of its rule 2.4 (5), which defines "commencement” of the 36-month period allowed to complete a J51 project as "the date of issuance of a permit by a City agency”, as creating only an evidentiary presumption that can…

2Cases cited2 opinions

  1. Howard v. WymanNew York Court of Appeals · 1971
  2. 31171 Owners Corp. v. New York City Department of Housing Preservation & DevelopmentAppellate Division of the Supreme Court of the State of New York · 1993

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