MATTER OF TOURO COLLEGE v. CITY OF N.Y. ENVTL. CONTROL BD.

1143, 101338/13.

139 A.D.3d 495 (2016)

29 N.Y.S.3d 808

2016 NY Slip Op 03813

In the Matter of TOURO COLLEGE, Petitioner, v. CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD, Respondent.

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

Decided May 12, 2016.


The ambiguities in the first notice of violation were clarified at the first session of the hearing and petitioner had the opportunity to present a defense at the second session. Substantial evidence, including the issuing officer's affirmed statements in the notice of violation, supports the finding that petitioner's use of the cellar for a laundry room, workshop, and recreation area was unauthorized since such uses were not noted in the most recent certificate of occupancy...

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