Smart Workout, Inc. v Environmental Control Bd. of the City of N.Y. (2010 NY Slip Op 09075)

Smart Workout, Inc. v Environmental Control Bd. of the City of N.Y.

2010 NY Slip Op 09075 [79 AD3d 492]

December 9, 2010

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 16, 2011

Smart Workout, Inc., Petitioner,
v
Environmental Control Board of the City of New York, Respondent.

—[*1] Elaine Platt, New York, for petitioner.

Michael A. Cardozo, Corporation Counsel, New York (Scott Shorr of counsel), for respondent.

Three administrative determinations of respondent, dated October 29, 2009, imposing a total of $5,500 in fines for 74 violations of New York City Administrative Code § 10-119, unanimously confirmed, the petition denied, and this proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Alice Schlesinger, J.], entered June 16, 2010), dismissed, without costs.

Petitioner failed to offer any admissible evidence to refute the testimony of respondent's agents that violations had been issued only for those handbills affixed to City property. Thus, the Board's determination was supported by substantial evidence and must be confirmed. (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 [1978]; cf. Matter of Sulzer v Environmental Control Bd. of City of N.Y., 165 AD2d 270, 280 [1991]).

We have considered petitioner's remaining arguments and find them unavailing. Concur—Gonzalez, P.J., Saxe, Catterson, Acosta and Manzanet-Daniels, JJ.