MATTER OF EL NAZER v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT (CODE ENFORCEMENT)


35 A.D.3d 857 (2006)

828 N.Y.S.2d 436

In the Matter of FAROUK EL NAZER, Appellant, v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT (CODE ENFORCEMENT), Respondent.

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

Decided December 26, 2006.


Ordered that the judgment is affirmed, without costs or disbursements.

Contrary to the petitioner's arguments, there is no evidence in the record to demonstrate that a plan for the basement apartment in his multiple dwelling was ever filed with the Department of Buildings, or that the petitioner ever applied for the necessary permits. Under the Multiple Dwelling Law, the absence of such a filing and permit renders the basement apartment unlawful (see Multiple...

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