Legal Opinion

Bennissim v. Calogero

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

Decided June 2, 2005PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Debra A. James, J.), entered on or about May 10, 2004, which denied the petition brought pursuant to CPLR article 78 to annul respondent’s determination, dated July 31, 2002, upholding an order of respondent’s Deputy Commissioner deregulating petitioner’s apartment, unanimously affirmed, without costs.

The court properly found the petition time-barred (see Administrative Code of City of NY § 26-516 [d]). Petitioner neither actually denied receipt of the challenged order and opinion nor made a “showing that routine office practice was not followed or was…

2Cases cited4 opinions

  1. Nassau Insurance v. MurrayNew York Court of Appeals · 1978
  2. Rizzo v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2005
  3. IG Second Generation Partners L.P. v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2002
  4. Nelson Management Group, Ltd. v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by2 opinions

  1. 425 3rd Avenue Realty Co. v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2006
  2. Matter of Lockley v. TownsAppellate Division of the Supreme Court of the State of New York · 2016

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