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MATTER OF JNPJ TENTH AVE., LLC v. DEPARTMENT OF BLDGS. OF CITY OF N.Y.

10669. 100268/18.

178 A.D.3d 636 (2019)

116 N.Y.S.3d 26

2019 NY Slip Op 09390

In the Matter of JNPJ Tenth Ave., LLC, Appellant, v. Department of Buildings of the City of New York et al., Respondents.

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

Decided December 26, 2019.

Attorney(s) appearing for the Case

Nicholas E. Brusco , New York, for appellant.

Zachary W. Carter , Corporation Counsel, New York ( Melanie T. West of counsel), for respondent.

Concur—Friedman, J.P., Webber, Kern, Moulton, JJ.

Administrative Code § 28-210.3 ("Illegal conversions of dwelling units from permanent residences") provides, in pertinent part, "It shall be unlawful for any ... entity [which] owns... a ... dwelling unit classified for permanent residence purposes to ... permit the use or occupancy [of] ... such... dwelling unit for other than permanent residence purposes." The article 78 court correctly determined that, pursuant to this provision, penalties may be imposed on building...

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