Mestecky v. City of New York

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At issue was whether, prior to the use of affix and mail service of Notices of Violation (NOVs) issued by Department of Building inspectors who discover building code violations, the New York City Charter requires more than a single attempt to personally serve the NOV at the premises. The Environmental Control Board (ECB) sustained Petitioner’s code violations, rejecting Petitioner’s argument that the NOVs were not properly served because more than one attempt at personal service is required prior to the use of the alternative affix and mail procedure authorized in New York City Chapter 1049-a(d)(2)(a)(ii). The Appellate Division confirmed the determination. The Court of Appeals affirmed, holding (1) the agency properly interpreted New York City Charter 1049-a(d)(2)(b) to require only one attempt at personal service of an NOV at the premises prior to resorting to the affix and mail procedure; and (2) thus, the seven NOVs that were reviewed in the administrative hearings were properly served. View "Mestecky v. City of New York" on Justia Law