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  5. 37 N.Y.2d 408 (1975)
 

MTR BAYSWATER v. KARAGHEUZOFF

37 N.Y.2d 408 (1975)

In the Matter of Bayswater Health Related Facility, Respondent, v. Theodore Karagheuzoff, as Commissioner of Buildings of the City of New York, et al., Appellants. In the Matter of Benjamin F. Lee et al., Doing Business as Kel Management Company, Respondents-Appellants, v. Jeremiah T. Walsh, as Commissioner of Buildings of the City of New York, et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided July 2, 1975.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Milton H. Harris and L. Kevin Sheridan of counsel), for appellants in the first above-entitled proceeding.

Alan C. Levy for respondent in the first above-entitled proceeding.

Adrian P. Burke, Corporation Counsel (L. Kevin Sheridan and Joseph I. Lauer of counsel), for appellants-respondents in the second above-entitled proceeding.

Howard G. Kristol and Richard J. Schulman for respondents-appellants in the second above-entitled proceeding.

Judges WACHTLER and COOKE concur with Judge FUCHSBERG; Judge JONES concurs in result in a separate opinion in which Judge GABRIELLI concurs; Chief Judge BREITEL dissents and votes to reverse in a separate opinion in which Judge JASEN concurs.

FUCHSBERG, J.

These two article 78 proceedings are very close on their facts and raise the same legal questions. In each the petitioner is an owner of real property in the City of New York who seeks to alter and convert it for use as a domiciliary care facility for adults pursuant to the New York State Hospital Code. Both applied for and were granted building permits from the city for the necessary alterations...

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