MATTER OF PARKCHESTER APTS. CO. v. LEFKOWITZ


36 N.Y.2d 688 (1975)

In the Matter of Parkchester Apts. Co., Respondent, v. Louis J. Lefkowitz, as Attorney-General of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided February 17, 1975.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Shirley Adelson Siegel and Samuel A. Hirshowitz of counsel), appellant pro se.

Edward N. Costikyan, Simon H. Rifkind, Bernard Ouziel and Jack Hassid for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

We conclude that the Attorney-General was not justified in refusing to review petitioner's resubmission, "even for the purpose of determining whether specific deficiencies have been rectified, or new ones found to exist", solely on the ground that litigation was pending with respect to a related property. (Cf. Matter of Whalen v. Lefkowitz, 36 N.Y.2d 75.)

Accordingly...

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