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MATTER OF FULLER v. URSTADT

28 N.Y.2d 315 (1971)

In the Matter of Melvin Fuller et al., Appellants, v. Charles J. Urstadt, as Commissioner of the New York State Division of Housing and Community Renewal and Commissioner of the New York State Housing Finance Agency, Respondent.

Court of Appeals of the State of New York.

Decided April 21, 1971.

Attorney(s) appearing for the Case

Allan L. Gropper, Stanley J. Sinowitz and Kalman Finkel for appellants.

Louis J. Lefkowitz, Attorney-General (A. Seth Greenwald and Samuel A. Hirshowitz of counsel), for respondent.

Chief Judge FULD and Judges JASEN and GIBSON concur with Judge BREITEL; Judge SCILEPPI dissents and votes to affirm in a separate opinion in which Judges BURKE and BERGAN concur.

BREITEL, J.

The issue is whether a State agency which, pursuant to statute, leases apartments in a State-aided but otherwise private project in order to sublease them with rental subsidies to low-income tenants may, without explanation, refuse to renew a tenant's sublease. Where State involvement is so dominant, it may not be arbitrary or capricious. Petitioners, subtenants, although they do not have a "right...

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