From Casetext: Smarter Legal Research

Matter of Dupont Associates v. St. D.H.C.R

Appellate Division of the Supreme Court of New York, First Department
May 13, 1999
261 A.D.2d 204 (N.Y. App. Div. 1999)

Opinion

May 13, 1999

Appeal from the Supreme Court, New York County (Elliott Wilk, J.).


Respondent's determination that basement storage space is a required service has rational support in the record, including claims by tenants of the existence and use of storage bins in the basement, an inspection report and photographs confirming such claims, and evidence that building-wide storage could be accommodated by the 300 square feet of space contained in each of the five storage bins in the basement. Due process did not require a hearing (see, Matter of Rubin v. Eimicke, 150 A.D.2d 697, lv denied 75 N.Y.2d 704). We have considered petitioner's other arguments and find them unpersuasive.

Concur — Sullivan, J. P., Nardelli, Wallach, Andrias and Saxe, JJ.


Summaries of

Matter of Dupont Associates v. St. D.H.C.R

Appellate Division of the Supreme Court of New York, First Department
May 13, 1999
261 A.D.2d 204 (N.Y. App. Div. 1999)
Case details for

Matter of Dupont Associates v. St. D.H.C.R

Case Details

Full title:In the Matter of DUPONT ASSOCIATES et al., Appellants, v. NEW YORK STATE…

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

Date published: May 13, 1999

Citations

261 A.D.2d 204 (N.Y. App. Div. 1999)
690 N.Y.S.2d 48

Citing Cases

In re NJR Assoc. v. N.Y. State Div. of Hous.

It has been held that the DHCR is not required to hold an evidentiary hearing in all circumstances, such as…