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MATTER OF JOHNSON v. CITY OF NEW YORK

Appellate Division of the Supreme Court of New York, First Department.
Apr 8, 1993

Due process does not require the adoption of formal rules, but is satisfied by the less formal procedure of a written statement of reasons for the denial of an application (see, Sidberry v Koch, 539 F. Supp. 413, 419). In the event of a denial, remedies under State law, including article 78 relief and the tenant association procedures already in place, satisfy the requirements of procedural due process (see, Parratt v Taylor, 451 U.S. 527, 543-544, overruled on other grounds Daniels v Williams, 474 U.S. 327, 330-331; Liotta v Rent Guidelines Bd., 547 F. Supp. 800, 802-803). Petitioner may also pursue the legislatively prescribed method for the adoption of rules set out in the City Administrative Procedure Act (NY City Charter ch 45).

Concur — Murphy, P.J., Sullivan, Rosenberger, Asch and Rubin, JJ.