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SCOTT v. CHRISTIAN

60 A.D.2d 117 (1977)

Julian Scott, Appellant, v. Joseph J. Christian, as Chairman of The New York City Housing Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 12, 1977

Attorney(s) appearing for the Case

John C. Gray, Jr. (Barbara A. Ziony of counsel), for appellant.

Donald Schatz (Joyce Lazoff of counsel), for respondent.

COHALAN, J. P., and DAMIANI, J., concur with HAWKINS, J.; MOLLEN, J., dissents and votes to reverse the judgment insofar as it is appealed from and remit the matter to the respondent for a hearing, with an opinion.

HAWKINS, J.

The petitioner, a tenant in a public housing project, appeals from that portion of a judgment which dismissed his CPLR article 78 proceeding, whereby he sought review of a determination of the respondent, Chairman of the New York City Housing Authority (Housing Authority), which increased his rent and assessed a charge for arrears in rent. Petitioner has occupied an apartment in a public housing project...

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