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MATTER OF HUGHES v. NEW YORK CITY LOFT BD.

Index No. 150395/19. Appeal No. 15445. Case No. 2021-03442.

203 A.D.3d 429 (2022)

160 N.Y.S.3d 607

2022 NY Slip Op 01389

In the Matter of Frank Hughes, Appellant, v. New York City Loft Board et al., Respondents.

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

Decided March 3, 2022.

Attorney(s) appearing for the Case

Goodfarb & Sandercock, LLP, New York ( Margaret B. Sandercock of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( MacKenzie Fillow of counsel), for New York City Loft Board, respondent.

Law Office of Todd Rothenberg, New Rochelle ( Todd Rothenberg of counsel), for Dasa Realty Corp., respondent.

Concur—Renwick J.P., Gesmer, Moulton, Rodriguez, Pitt, JJ.

The Board rationally determined that the subject unit was not petitioner's "primary residence," and that he was not entitled to protected occupancy of the unit (see Multiple Dwelling Law § 286[2]; 29 RCNY 2-09[b][4]; Matter of 177 Water St. Realty LLC v New York City Loft Bd., 169 A.D.3d 559, 560 [1st Dept 2019]). At the hearing and in post-hearing briefing, petitioner admitted...

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