Matter of Golia v Velez
2012 NY Slip Op 05337 [97 AD3d 416]
July 3, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 22, 2012


In the Matter of Joseph Golia, Petitioner,
v
Roberto Velez, as Chairman of the Environmental Control Board of the City of New York, et al., Respondents.

[*1] Richard Whitten, New York, for petitioner.

Michael A. Cardozo, Corporation Counsel, New York (Julian L. Kalkstein of counsel), for respondents.

Determination of respondent Environmental Control Board, dated September 24, 2009, finding that petitioner owner had illegally altered his residence in violation of former section 27-118.1 of the Administrative Code of the City of New York, and imposing a penalty of $3,050, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Donna Marie Mills, J.], entered June 21, 2011), dismissed, without costs.

Respondent's determination was supported by substantial evidence (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]), including the inspector's testimony that the residence's garage space had been converted into a separate dwelling unit, which was not permitted by the certificate of occupancy. Petitioner was provided with sufficient notice of the violation (see Matter of McDonald v Fischer, 93 AD3d 969, 969 [2012]).

We have considered petitioner's remaining contentions and find them unavailing. Concur—Tom, J.P., Moskowitz, Renwick and Abdus-Salaam, JJ.