Opinion
No. 214 SSM 23.
Decided June 28, 2011.
APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered September 7, 2010. The Appellate Division (1) reversed, on the law, a judgment (denominated an order) of the Supreme Court, Bronx County (Alexander W. Hunter, Jr., J), entered in a proceeding pursuant to CPLR article 78, which had denied the petition and dismissed the proceeding, and (2) granted the petition. The following question was certified by the Appellate Division: "Was the order of this Court, which reversed the judgment (denominated an order) of Supreme Court, properly made?"
Petitioner commenced a proceeding challenging respondent municipality's charges and lien imposed for the emergency repair of a retaining wall. The Appellate Division concluded that the record established that petitioner was not the owner of the property upon which the wall was located, nor a responsible party.
Rezplex, L.L.C. v New York City Dept. of Hous. Preserv. Dev., 76 AD3d 802, affirmed.
Michael A. Cardozo, Corporation Counsel, New York City ( Larry A. Sonnenshein of counsel), for appellants.
Goodman Leopold, L.L.P., New York City ( Howard B. Leopold of counsel), for respondent.
Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.
OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs, and its certified question answered in the affirmative.
Petitioner's nonownership of the property where the City repaired a collapsing retaining wall was adequately raised in petitioner's December 11, 2001 protest, which stated: "We are not aware of any emergency repair done at [petitioner's] premises." Thus we need not decide whether the issue was one that could be raised for the first time after the administrative ruling.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed, etc.