Petitioner filed suit under Article 78 to vacate decisions on nine Notices of Violation (NOV) file against them by the Department of Buildings. (DOB)  At issue was whether a single attempt at personal service following by “affixing” a notice was sufficient.  The court held that this was sufficient and that the New York City Charter ordinance 1049-a(d)(2)(b) is not as onerous as the CPLR requirements for service.  Read about this NYC Department of Buildings and Environmental Control Board (ECB) case here.  

Also visit www.sheerinlaw.com for more cases about Article 78 proceedings.