MATTER OF 275 WEBSTER TENANTS, INC. v. WRIGHT


238 A.D.2d 143 (1997)

655 N.Y.S.2d 506

In the Matter of 275 Webster Tenants, Inc., Appellant, v. Deborah Wright, as Commissioner of The New York City Department of Housing Perservation and Development, Respondent

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

April 3, 1997


We defer to respondent's interpretation of its rule 2.4 (5), which defines "commencement" of the 36-month period allowed to complete a J51 project as "the date of issuance of a permit by a City agency", as creating only an evidentiary presumption that can be rebutted by actual evidence of a different start date (see, Matter of Howard v Wyman, 28 N.Y.2d 434, 438). Petitioner's argument that the start date for its boiler/burner...

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