Taxraja Management, LLC v. The City of New York Environmental Control Board

 

          Petitioner, Taxraja Management, LLC brought about these Article 78 proceedings that looked to vacate sixteen default judgments by NYC ECB, Respondent. 

          Petitioner claimed that he never received the sixteen NOVs.  Once he received a notice of collection he contacted ECB and was advised to file “a request to vacate” in response to the NOVs.  Petitioner followed this advice and it was denied by the ECB who claimed service was completed.  Petitioner claims that the ECB did not properly serve the NOVs by “certified mail, return receipt requested, as required by Section 1049-a of the City Charter, or in accordance with Article 3 of the CPLR.”  Petitioner claims that ECB violated his right to due process, cross examination, presentation of evidence, and his right to a fair hearing.

          The ECB failed to supply a sufficient affidavit of service.  The affidavit of service only included one of the NOV numbers and not the remaining 15.   Therefore, it was determined that Respondent’s did not comply with the City Charter 1049-a.  

          New York City Charter 1049-a(d) (1) (h) mandates that the ECB send notice of default by “first class mail before a judgment can be docketed in the Civil Court of the City of New York.”  The “actual notice of default” supplied by Respondents was not included in the administrative record.  Therefore, “the court is unable to determine whether the petitioner was properly served with a notice of default with respect to each of the sixteen NOVs.” 

          Petition was granted, the ECB’s denial of requests for a new hearing were vacated and remanded to ECB for further proceedings.