Opinion

Sixteen Eighty West 7th Corp. v. Board of Estimate

  • 109 A.D.2d 799
  • 486 N.Y.S.2d 311
  • 1985 N.Y. App. Div. LEXIS 47294
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Mar 11, 1985
Status
Published
Cited by
9 cases
Authority
More cited than 85.3%

The opinion

— In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Estimate dated December 2,1982, *800 which denied petitioner’s application for discretionary redemption of certain real property from in rem city ownership, the appeal is from a judgment of the Supreme Court, Kings County (Hirsch, J.), entered November 30, 1983, which dismissed the petition.

Judgment affirmed, with costs.

Inasmuch as petitioner was continuously delinquent in paying taxes on the subject property while he owned the same, failed to take advantage of the four-month “mandatory” redemption period (Administrative Code of City of New York § D17-25.0 [f]) and waited until the discretionary 20-month period had nearly expired (Administrative Code § D17-25.0 [g]) before applying for a release of the city’s interest in said property, we agree with Special Term that respondent’s determination was not arbitrary, capricious or irrational (Solomon v City of New York Dept. of Gen. Servs., 94 AD2d 283 ; Benigno v City of New York, 123 Misc 2d 375 ). Such decisions, absent evidence of illegality, rest within the sound judgment of the Board (Matter of Dwyer v Lindsay, 23 NY2d 562 ; Benigno v City of New York, supra). O’Connor, J. P., Rubin, Lawrence and Eiber, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.