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MATTER OF WILNER v. BEDDOE

9075 115362/10 113214/10 113215/10 113726/10.

102 A.D.3d 582 (2013)

958 N.Y.S.2d 388

2013 NY Slip Op 415

In the Matter of RYWA WILNER et al., Appellants, v. SUZANNE A. BEDDOE, Chief Administrative Law Judge, NYC Environmental Control Board, NYC office of Administrative Trials and Hearings, et al., Respondents.

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

Decided January 29, 2013.

Section 1049-a of the New York City Charter, the enabling legislation which underlies 48 RCNY 3-82 (Rule 3-82), governing procedures for vacating defaults before ECB, requires that notices of violation (NOV) of matters overseen by ECB be "served in the same manner as is prescribed for service of process by [CPLR article 3] or [Business Corporation Law article 3]" (NY City Charter § 1049-a [d] [2] [a]). Among four enumerated exceptions to this provision are two relating...

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