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Matter of Amann v. New York City Loft Board

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1999
262 A.D.2d 234 (N.Y. App. Div. 1999)

Opinion

June 24, 1999.

Appeal from the Supreme Court, New York County [Leland DeGrasse, J.; Karla Moskowitz, J.].


In reviewing administrative findings pursuant to the very limited authority conferred by CPLR article 78, this Court may not weigh the evidence, choose between conflicting proof, substitute its assessment of the evidence for that of the Administrative Law Judge, or interfere with the Administrative Law Judge's findings as to the credibility of witnesses ( Matter of Deitch v. Dole, 159 A.D.2d 311). The findings of the Loft Board herein, based on the findings of the Director of Hearings, that the residential use of the units occupied during the window period by Amann and Ibrahim was only an incident of the commercial use of those units, and the finding that the remaining units reviewed were not sufficiently converted to residential use ( see, Anthony v. New York City Loft Bd., 122 A.D.2d 725; Franmar Infants Wear v. Rios, 143 Misc.2d 562), are supported by substantial evidence in the record. We have considered petitioners' remaining arguments and find them unavailing.

Concur — Mazzarelli, J. P., Wallach, Rubin, Andrias and Saxe, JJ.


Summaries of

Matter of Amann v. New York City Loft Board

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1999
262 A.D.2d 234 (N.Y. App. Div. 1999)
Case details for

Matter of Amann v. New York City Loft Board

Case Details

Full title:IN THE MATTER OF HELMUT AMANN, Petitioner, v. NEW YORK CITY LOFT BOARD…

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

Date published: Jun 24, 1999

Citations

262 A.D.2d 234 (N.Y. App. Div. 1999)
693 N.Y.S.2d 22

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