Opinion
February 6, 1992
Appeal from the Supreme Court, New York County [Carol E. Huff, J.].
Petitioner, evicted from his home in October, 1986, placed certain personal belongings in storage, while he resided in a shelter for the next five months. In April, 1987, petitioner moved to a furnished room at the Capitol Hall Hotel, where he continues to reside. After payment for the five months, petitioner's continuing request for storage fees was properly denied. 18 NYCRR 352.6 (f), on which petitioner relies, has been held to apply in cases of "short-term temporary emergencies", and not to authorize indefinite storage (Matter of Marquart v Perales, 142 A.D.2d 678, 679). Since it is clear that petitioner is presently housed in permanent accommodations, and that the emergency need for storage facilities has long passed, the denial of storage fees is supported by substantial evidence. (300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176. )
Concur — Sullivan, J.P., Milonas, Ellerin and Kupferman, JJ.