Judgment reversed, on the law, without costs or disbursements, and proceeding dismissed on the merits.
Petitioner in this CPLR article 78 proceeding seeks to compel the granting of his application for a certificate of eviction. He has, since April, 1976, been seeking the four-room ground floor apartment herein involved for his co-owner mother, an elderly woman, who allegedly suffers from phlebitis and presently lives alone in a five-room ground floor apartment located...
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