Department of Hous. Preserv. & Dev. of City of New York v 50 Lincoln LLC
2003 NY Slip Op 51315(U)
Decided on September 3, 2003
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Term, Second Department


[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Appeal—Academic and Moot Questions

Decided on September 3, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:ARONIN, J.P., PATTERSON and GOLIA, JJ.
NO. 2002-1068 K C

DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK; Respondent, - -

against

50 LINCOLN LLC, MICHAEL PUDERBEUTEL and THOMAS NEVILLE,


[*2]Appellants.

Appeal by respondents from a decision of the Civil Court, Kings County (B. Scheckowitz, J.), entered April 12, 2002, deemed an appeal from the judgment entered April 30, 2002, after a nonjury trial, imposing three civil penalties in the sum of $10,000 each for falsely certifying the correction of three lead paint violations.


Judgment unanimously reversed without costs and petition dismissed.

In light of the Court of Appeals' determination invalidating Local Law 38 (NY City Lead Poisoning Prevention and Control Law [Administrative Code of City of NY] § 27-2056.1 et seq.) whose "interim controls" and civil penalty provisions were the sole authorization for the instant petition (Matter of New York City Coalition to End Lead Poisoning, Inc. v Vallone, — NY2d — [July 1, 2003]), the judgment must be reversed and the petition dismissed.
Decision Date: September 03, 2003