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BARRETT JAPANING, INC. v. BIALOBRODA

Index Nos. 105944/11, 150031/17. Appeal Nos. 12896-12897-12897A. Case Nos. 2019-04299, 2019-3793.

190 A.D.3d 544 (2021)

140 N.Y.S.3d 498

2021 NY Slip Op 00248

Barrett Japaning, Inc., Appellant, v. Anna Bialobroda, Respondent. In the of Matter of Barrett Japaning, Inc., Appellant, v. New York City Loft Board et al., Respondents.

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

Decided January 19, 2021.

Attorney(s) appearing for the Case

Zane and Rudofsky, Melville ( Edward S. Rudofsky of counsel), for appellant.

Anna Bialobroda, respondent pro se.

James E. Johnson , Corporation Counsel, New York ( Kate Fletcher of counsel), for New York City Loft Board, respondent.

Concur—Webber, J.P., Mazzarelli, González, Scarpulla, Shulman, JJ.

First, in the appeal from the dismissal of the article 78 proceeding, the Loft Board's determination was rational and not arbitrary and capricious or contrary to law or procedure (see generally Matter of Kaufman v Anker, 42 N.Y.2d 835, 836-837 [1977]). All of Barrett's attempts to file its reconsideration application were either by improper means, incomplete, or untimely. The Loft Board's construction of its rules as requiring that...

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