NY Appellate Court Upholds ALJ’s Finding of Violations for Failing to Obtain Permit

Estafanous challenged a determination of the New York City Environmental Control Board (“ECB”) confirming a determination of an administrative law judge (“ALJ”) that the petitioner violated Administrative Code of the City of New York § 28-201.1 by failing to comply with an order of the Commissioner of the respondent Department of Buildings of the City of New York (“DOB”) to obtain a permit for work performed on his property or to remove existing violations.

 

The appellate court rejected the petitioner’s contention that the ALJ’s denial of his request for an adjournment of the hearing for the purpose of securing counsel violated his constitutional right to due process. Here, counsel represented the petitioner on the first day of the hearing, which had been adjourned at the petitioner’s request. Both the petitioner and his attorney were notified that the second date of the hearing was marked final, and the petitioner never informed the ALJ prior to the second date of the hearing that he would be retaining new counsel. Accordingly, the ALJ providently exercised her discretion in declining to grant the petitioner a further adjournment of the hearing so that counsel could be present. Further, the Court found was no merit to the petitioner’s contention that his right to due process was violated because the officer who issued the notices of violation was not available at the hearing for cross-examination.

 

Estafanous v New York City Envtl. Control Bd., 136 AD3d 906 (2 Dept. 2/17/16)