After an ECB hearing 50 West Realty Company LP was fined $500 for changing its building to a use inconsistent with its 1992 CO. The company filed an Article 78 to appeal.
An Article 78 filed for a decision after a hearing was held is subject to the standard of "substantial evidence." That is, was there substantial evidence to support the hearing officer’s decision?
In this case it was determined that because the Respondent, ECB did not have witnesses and no evidence that 50 West Realty had changed the building inconsistent with the last CO the finding and fine were dismissed.
Read about this Article 78 versus ECB here.