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MATTER OF MODIANO REALTY INC. v. ENVIRONMENTAL CONTROL BD. OF THE CITY OF N.Y.

10105, 111932/11.

106 A.D.3d 541 (2013)

965 N.Y.S.2d 462

2013 NY Slip Op 3573

In the Matter of MODIANO REALTY INC., Petitioner, v. ENVIRONMENTAL CONTROL BOARD OF THE CITY OF NEW YORK, Respondent.

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

Decided May 16, 2013.

Respondent failed to introduce substantial evidence to establish that petitioner's residence was altered for occupancy by four or more families (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 180 [1978]). It was bare surmise and conjecture to conclude, from photographs depicting the outside of two doors in the basement, and the presence of five mailboxes on the exterior of the premises, that petitioner...

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