MATTER OF SMITH v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL


122 A.D.2d 147 (1986)

In the Matter of Beverly Smith, Petitioner, v. New York State Division of Housing and Community Renewal et al., Respondents

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

July 14, 1986


Determination confirmed and proceeding dismissed on the merits, with costs.

Pursuant to the terms of a stay embodied in a 1981 certificate of eviction, enforcement of the certificate was stayed as long as there was a cessation of noise on the petitioner's premises. The determination to vacate the stay, predicated upon a finding that the petitioner had violated its terms, is clearly supported by substantial evidence. This conclusion is not negated by the fact that...

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