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  5. 44 N.Y.2d 795 (1978)
 

MATTER OF LYNCH v. NEW YORK CITY CONCILIATION & APPEALS BD.

44 N.Y.2d 795 (1978)

In the Matter of Thomas Lynch et al., Appellants, v. New York City Conciliation and Appeals Board et al., Respondents.

Court of Appeals of the State of New York.

Decided May 2, 1978.

Attorney(s) appearing for the Case

Kent Karlsson for appellants.

William E. Rosen and Ellis S. Franke for New York City Conciliation and Appeals Board, respondent.

Robert S. Fougner for Parkchester Management Corp., respondent.

Concur: Chief Judge BREITEL and Judges JASEN, JONES and WACHTLER. Judge GABRIELLI, dissents and votes to reverse in the following opinion in which Judges FUCHSBERG and COOKE.

Order affirmed, with costs, on the memorandum at the Appellate Division (56 A.D.2d 816).

GABRIELLI, J. (dissenting).

I respectfully dissent, and would hold that the distinction drawn by respondent New York City Conciliation and Appeals Board (CAB) between a renewal lease, which is subject to rent increase guidelines, and a lease "modification" which serves solely to...

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