Cases decided on: June 11, 2019
By Acosta, P.J., Manzanet-Daniels, Kapnick, Kahn, Oing, JJ.8697. In re Lerone Washington, pet-ap, v. Shola Olatoye, etc. res-res — Jeanette Zelhof, Mobilization for Justice, Inc., New York (Elizabeth Filatova of counsel), for ap — Kelly D. MacNeal, New York (Nabiha Rahman of counsel), for res — Judgment, Supreme Court, New York County (Arthur F. Engoron, J.), entered November 3, 2017, denying the petition to annul respondents’ determination, dated April 1, 2016, which, after a hearing, placed petitioner tenant on probation for one year and required him to remove his dog from his apartment, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously vacated, on the law, without costs, the proceeding treated as one transferred to this Court pursuant to CPLR 7804(g) for de novo review, and, upon such review, the matter held in abeyance and the proceeding remanded to respondent for further proceedings in accordance with this order.Since the petition raised a substantial evidence issue and could not be disposed of by other objections, the court should have transferred it to this Court pursuant to CPLR 7804(g) (see Matter of Roberts v. Rhea, 114 AD3d 504 [1st Dept 2014]). Accordingly, we will “treat the substantial evidence issues de novo and decide all issues as if the proceeding had been properly transferred” (Matter of Jimenez v. Popolizio, 180 AD2d 590, 591 [1st Dept 1992]).In determining that petitioner’s English bulldog, Onyx, did not qualify as a “service pet” and ordering its removal, the hearing officer failed to consider petitioner’s evidence in support of his reasonable accommodation request for a service pet. We accordingly hold this petition in abeyance and remand for a determination of petitioner’s request for a reasonable accommodation that he be allowed to register Onyx as an emotional support animal.In terms of its procedural background, this proceeding stems from a dog bite incident that occurred in April 2015 when a NYCHA employee, Brenda Williams, was delivering a hotplate to petitioner’s apartment. After petitioner’s girlfriend, Mabel Rodriguez, opened the door to sign the employee’s book for the hotplate, Onyx “shot past” her into the hallway, jumped on the NYCHA employee, and allegedly bit her left arm. Petitioner was not in the apartment when the incident occurred.
