Legal Opinion
345 West 70th Tenants Corp. v. New York City Environmental Control Board
Appellate Division of the Supreme Court of the State of New York
Decided October 27, 2016No. 2072 100776/14PublishedCited by 3 opinions
1Opinion of the Court
Determination of respondent Environmental Control Board (ECB), dated March 27, 2014, which affirmed the finding of an ECB administrative law judge that petitioner had violated Administrative Code of City of NY § 28-118.3.2, and imposed a civil penalty of $1,200, unanimously annulled, without costs, and the petition brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Paul Wooten, J.], entered May 8, 2015), granted.
ECB’s determination was not supported by substantial evidence, and was affected by an error of law (see generally 300 Gramatan…
2Cases cited4 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
- City of New York v. 330 ContinentalAppellate Division of the Supreme Court of the State of New York · 2009
- City of New York v. 330 Continental LLCNew York Supreme Court · 2007
3Cited by3 opinions
- Terrilee 97th Street LLC v. New York City Environmental Control BoardAppellate Division of the Supreme Court of the State of New York · 2017
- Lexington Assoc., LLC v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
- Matter of Cruz v. New York City Off. of Admin. Trials & HearingsAppellate Division of the Supreme Court of the State of New York · 2025