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MTR OF SMITH v. POPOLIZIO

108 Misc.2d 558 (1981)

In the Matter of Cynthia G. Smith et al., Petitioners, v. Emanuel P. Popolizio et al., Constituting the New York City Conciliation and Appeals Board, et al., Respondents.

Supreme Court, Special Term, New York County.

March 16, 1981

Attorney(s) appearing for the Case

Levenson, Ule & Jaffe for petitioners. Ellis S. Franke and William Rosen for New York City Conciliation and Appeals Board, respondent. Goldfarb & Fleece (Morton Witzling of counsel), for Flager Park Estates and another, respondents.

LEONARD N. COHEN, J.

Petitioners, tenants of 30 Park Avenue, New York City, commenced this article 78 proceeding to annul the determination of the Conciliation and Appeals Board (CAB) which permitted, under certain enumerated conditions, the termination of manned passenger elevator services in the subject premises.

The following facts are undisputed. All 239 of the tenants residing in this building are protected by the Rent Stabilization Law and...

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