TERRILEE 97TH ST., LLC, 9154pet, v. THE NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, res

9153-. TERRILEE 97TH ST., LLC, 9154pet, v. THE NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, res — Rosenberg, Calica & Birney LLP, Garden City (Ronald J. Rosenberg of counsel), for pet — Michael A. Cardozo, Corporation Counsel, New York (Julian L. Kalkstein of counsel), for res — Determinations of respondent Environmental Control Board (ECB), dated April 28, 2011, which found that petitioner violated Administrative Code of the City of New York §28-118.3.2 and imposed fines totaling $10,000, unanimously annulled, without costs, and the petition brought pursuant to CPLR article 78 (transferred to this court by orders, Supreme Court, New York County [Michael D. Stallman, J.], entered December 23, 2011 and January 6, 2012), granted.

The Notice of Violation, issued to the premises owned by petitioner on July 9, 2009, by an inspector with the Department of Buildings, states that the premises, a class A multiple dwelling unit, a classification requiring that the majority of the rooms be used for “permanent residence purposes” (see Multiple Dwelling Law §4[8][a]; City of New York v. 330 Cont. LLC, 60 AD3d 226, 228, 231 [1st Dept 2009]), was “‘primarily transient’ with approximately 53 units and 79 transient guest[s].” The NOV issued on April 28, 2010 states that the premises was “illegally occupied transiently ‘primarily transiently’ w[ith] approximately 70 transient [and] 23 permanent tenants.”