Matter of Callen v New York City Loft Bd., 37 NY3d at 1217 (2022)

2022 NY Slip Op 00957 [37 NY3d 1216]
February 15, 2022
Court of Appeals

[*1]

In the Matter of Robinson Callen, as Trustee of Casper R. Callen Trust, Care of Salon Realty Corporation, Respondent,
v
New York City Loft Board, Appellant, and Richard Fiscina et al., Respondents.
In the Matter of Richard Fiscina, Respondent,
v
New York City Loft Board, Appellant, and Robinson Callen, as Trustee of Casper R. Callen Trust et al., Respondents.

Argued and submitted January 5, 2022; decided February 15, 2022

Matter of Callen v New York City Loft Bd., 181 AD3d 39, reversed.

{**37 NY3d at 1217} OPINION OF THE COURT

Memorandum.

In each proceeding, the order insofar as appealed from should be reversed, with costs, and the matter remitted to the Appellate Division with directions to remand to the New York City{**37 NY3d at 1218} Loft Board for further proceedings in accordance with this memorandum. In accordance with its regulations (see 29 RCNY § 1-06 [j] [5]), the Loft Board reviewed and rejected the parties’ proposed settlement agreement as perpetuating an illegal living arrangement. The rationality of that determination is not before us (see 511 W. 232nd Owners Corp. v Jennifer Realty Co., 98 NY2d 144, 151 n 3 [2002]). Under these limited circumstances, it was not irrational for the Board to remand for further proceedings, thereby declining to give effect to a provision of the settlement agreement in which tenants purported to withdraw their application for Loft Law coverage.

Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas and Cannataro concur; Judge Troutman took no part.

In each proceeding, order insofar as appealed from reversed, with costs, and matter remitted to the Appellate Division, First Department, with directions to remand to the New York City Loft Board for further proceedings in accordance with the memorandum herein.