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In re Botkin

Appellate Division of the Supreme Court of New York, First Department
Mar 15, 2011
82 A.D.3d 527 (N.Y. App. Div. 2011)

Opinion

March 15, 2011.

Determination of respondent New York City Housing Preservation and Development, dated June 16, 2009, which found petitioner's behavior constituted a nuisance, issued a certificate of eviction against her, stayed enforcement of the certificate, and placed her on probation for a period of five years, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Carol R. Edmead, J.], entered January 20, 2010), dismissed, without costs.

Before: Mazzarelli, J.P., Sweeny, DeGrasse, Freedman and Abdus-Salaam, JJ.


The determination that petitioner engaged in behavior that constituted a nuisance was supported by substantial evidence, including the testimony of a mail carrier, a doorman in the building, and other cooperators, who all described instances of petitioner's objectionable conduct ( see generally 300 Gramatan Ave. Assoc., v State Div. of Human Rights, 45 NY2d 176, 180-181). There exists no basis to disturb the Hearing Officer's credibility determinations, including the finding that it was not credible that every witness who testified that petitioner was the aggressor in their interactions with her was mistaken or lying ( see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444).

We have considered petitioner's remaining arguments and find them unavailing.


Summaries of

In re Botkin

Appellate Division of the Supreme Court of New York, First Department
Mar 15, 2011
82 A.D.3d 527 (N.Y. App. Div. 2011)
Case details for

In re Botkin

Case Details

Full title:In the Matter of ARLENE BOTKIN, Petitioner, v. CADMAN PLAZA NORTH et al.…

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

Date published: Mar 15, 2011

Citations

82 A.D.3d 527 (N.Y. App. Div. 2011)
919 N.Y.S.2d 10

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