Matter of 80 E. 116th St. v. Hsg. Pres. D

Full title: In the Matter of 80 E. 116TH STREET CORP., Appellant, v. CITY OF NEW YORK…

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

Date published: Dec 11, 1997

245 A.D.2d 107 (N.Y. App. Div. 1997)

666 N.Y.S.2d 137

Opinion

December 11, 1997

Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).

The four-month Statute of Limitations began to run upon petitioner's receipt of respondent Department of Housing Preservation and Development's (HPD) letter of November 15, 1994, advising petitioner of the results of HPD's item-by-item review of objections to its statement of emergency repair charges, and clearly notifying petitioner that its review procedures had been completed ( see, Matter of Edmead v. McGuire, 67 N.Y.2d 714). Petitioner fails to identify any issues of fact that might have warranted a hearing under 28 RCNY 17-05 (d) (1), and there is otherwise no merit to its claim that it is entitled to further administrative review. We have considered petitioner's other arguments and find them to be without merit.

Concur — Ellerin, J.P., Wallach, Williams, Andrias and Colabella, JJ.