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PECKHAM v. CALOGERO

54 A.D.3d 27 (2008)

861 N.Y.S.2d 316

In the Matter of DANIEL PECKHAM, Respondent, v JUDITH A. CALOGERO, as Commissioner of the State of New York Division of Housing and Community Renewal, et al., Respondents, and CHELSEA PARTNERS, LLC, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

June 26, 2008.

Attorney(s) appearing for the Case

Belkin Burden Wenig & Goldman, LLP, New York City (Magda L. Cruz, Kristine L. Grinberg, Sherwin Belkin and Kara Schechter Rakowski of counsel), for appellant.

Stuart W. Lawrence, New York City (Stuart W. Lawrence, Aurore C. DeCarlo, Susan Crumiller and Carrie Goldberg of counsel), for Daniel Peckham, respondent.

Gary R. Connor, New York City (Caroline M. Sullivan and Roderick J. Walters of counsel), for Division of Housing and Community Renewal, respondents.

Kossoff & Unger, New York City (Lester Breisblatt of counsel), amici curiae.

GONZALEZ and BUCKLEY, JJ., concur with SAXE, J.; MAZZARELLI, J.P., and ACOSTA, J., dissent in a separate opinion by ACOSTA, J.

OPINION OF THE COURT

SAXE, J.

Once an administrative agency has decided a matter, based upon a proper factual showing and the application of its own regulations and precedent, the parties to that matter are entitled to have the determination treated as final. Although a remand may be appropriate where the agency has made the type of substantial error that constitutes an "irregularity in vital matters" (Matter of Porter v New York State Div. of Hous. ...

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