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MATTER OF PELS v. NEW YORK CITY ENVTL. CONTROL BD.

1028, 100447/14.

139 A.D.3d 414 (2016)

29 N.Y.S.3d 164

2016 NY Slip Op 03431

In the Matter of MARSHA PELS, Petitioner, v. NEW YORK CITY ENVIRONMENTAL CONTROL BOARD et al., Respondents.

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

Decided May 3, 2016.

ECB's finding that petitioner erected a free-standing structure with a temporary ceiling that obstructed the sprinkler system in violation of the Fire Code is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 180-181 [1978]).

Article 7-C of the Multiple Dwelling Law (Loft Law) does not preempt enforcement of the Fire Code violation under the circumstances...

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