Opinion
No. 2011–650 KC.
2012-06-11
DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK, Petitioner–Respondent, v. 373 8TH STREET REALTY, Respondent, and Nick Faselis, Respondent–Appellant.
Present: RIOS, J.P., PESCE and ALIOTTA, JJ.
Appeal from an order of the Civil Court of the City of New York, Kings County (Laurie Lynne Lau, J.), dated September 23, 2008. The order denied a motion by respondent-appellant Nick Faselis to vacate so much of a default judgment as was entered against him.
ORDERED that the order is affirmed, without costs.
In this enforcement proceeding brought by the New York City Department of Housing Preservation and Development to, among other things, compel the correction of housing code violations, Nick Faselis, the registered managing agent of the subject premises, moved to vacate so much of a default judgment as had been entered against him, on the ground that the court lacked personal jurisdiction over him. The Civil Court denied his motion, and we affirm.
“Having affirmatively provided petitioner with statutorily required contact addresses ( see Administrative Code of the City of NY, § 27–2098[3] ) and having taken no steps to amend the registration information (Code § 27–2100), [appellant] may not now be heard to argue that service at the registered addresses was improper” ( Department of Hous. Preserv. & Dev. of City of N.Y. v. 532–536 W. 143rd St. Realty Corp., 8 Misc.3d 136[A], 2005 N.Y. Slip Op 51246[U] [App Term, 1st Dept 2005] ). Furthermore, appellant's conclusory allegations, that service as described in the affidavits of service was unlikely or impossible, were insufficient to rebut the presumption of proper service ( cf. Roberts v. Anka, 45 AD3d 752 [2007] ).
Accordingly, the order is affirmed.