MATTER OF CADMAN PLAZA NORTH, INC. v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT


290 A.D.2d 344 (2002)

737 N.Y.S.2d 590

In the Matter of CADMAN PLAZA NORTH, INC., Respondent, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, Appellant, et al., Intervenor.

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

Decided January 24, 2002.


The remand was improper and the owner's petition should have been dismissed. Initially, there must be a protected property interest sufficient to trigger the requirements of procedural due process (Matter of Daxor Corp. v State of N.Y. Dept. of Health, 90 N.Y.2d 89, 98 [cert denied 523 U.S. 1074], citing Board of Regents v Roth, 408 U.S. 564, 577; see also, Matter of Uniform Firefighters...

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