Opinion
570773/09.
Decided September 28, 2010.
Respondent John Montefusco appeals from an order of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), dated January 20, 2009, which, inter alia, granted petitioner's motion for summary judgment of possession in a holdover summary proceeding.
PRESENT: McKeon, P.J., Shulman, Hunter, Jr., JJ.
Order (David J. Kaplan, J.), dated January 20, 2009, affirmed, with $10 costs, for the reasons stated by David J. Kaplan, J. at Civil Court.
We agree that respondent Montefusco is precluded from relitigating his succession claim in this licensee holdover proceeding by virtue of the denial of his initial and supplemental "Successor Tenancy" applications by the New York City Department of Housing Preservation and Development ("HPD"), the agency charged with resolving succession claims relating to apartments in City-owned, HPD-managed buildings (28 RCNY § 24-01, et seq.), and the unappealed dismissal of his CPLR article 78 petition challenging the agency determination in Supreme Court ( see Allied Chem. v Niagara Mohawk Power Corp., 72 NY2d 271, cert denied 488 US 1005; see also Bedford Gardens Co., LP v Jacobowitz, 29 AD3d 501). Nor did respondent meet his burden of demonstrating the absence of a full and fair opportunity to contest the agency determination. "The combination of investigatory, prosecutory and quasi-judicial functions in a single administrative agency is not in itself a denial of due process" ( Matter of Mauro v Division of Hous. and Community Renewal, 250 AD2d 392).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.