Opinion
April 6, 1987
Appeal from the Supreme Court, Westchester County.
Ordered that the judgment is affirmed, without costs or disbursements, for reasons stated by Justice Colabella at Special Term.
We add that contrary to the appellants' claim, Special Term did not rely on any material not contained in the record (CPLR 7804 [e]). Further, the appellants, having issued the notices of violation and disapproval under the name of the "Building Department", are estopped from asserting lack of jurisdiction here on the ground that the Building Department was not formally constituted (31 CJS, Estoppel, §§ 123, 124; cf., Bender v New York City Health Hosps. Corp., 38 N.Y.2d 662; State ex rel. Anaya v McBride, 88 N.M. 244, 539 P.2d 1006, 1011). Bracken, J.P., Lawrence, Kunzeman and Spatt, JJ., concur.