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MATTER OF PARK WEST VILL. TENANTS' ASS'N v. NEW YORK CITY CONCILIATION & APPEALS BD.

73 A.D.2d 515 (1979)

In the Matter of Park West Village Tenants' Association et al., Respondents, v. New York City Conciliation and Appeals Board, Appellant, and Park West Village Associates, Intervenor-Respondent-Appellant

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

December 6, 1979

Birns, J. (concurring).

I join in Justice Silverman's opinion. Additionally, I question whether the Conciliation and Appeals Board has the authority to specify any time other than that fixed by statute as the dividing point for differentiating between applications to be processed. Any rollback by the Conciliation and Appeals Board is a usurpation of the function exclusively reserved to the Legislature to determine whether, or to what extent a statute...

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