MATTER OF SMITH v. CUOMO


73 A.D.2d 936 (1980)

In the Matter of Delza B. Smith, Respondent, v. Mario M. Cuomo, as Secretary of State of The State of New York, Appellant

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

January 14, 1980


Judgment reversed, on the law, with costs, motion to dismiss granted, and proceeding dismissed.

Special Term determined that the petitioner's alleged violation of local zoning ordinances in renting five premises that the petitioner owned, could not be considered on the issue of his incompetency and untrustworthiness under section 441-c of the Real Property Law. It also found that the petitioner was acting in his capacity as a landlord, rather than in his capacity...

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