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MATTER OF BOOKE v. JOY

79 A.D.2d 903 (1981)

In the Matter of Morris Booke, Appellant, v. Daniel W. Joy, as Commissioner of The Department of Housing Preservation and Development, et al., Respondents

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

January 6, 1981

Unanimously reversed, on the law, without costs; the cross motion to dismiss the petition on the ground of res judicata, is denied; respondent is directed to answer the petition; and further proceedings shall be had in accordance with CPLR 7804 (subd [f]).

Respondent's administrative determination of July 24, 1978 was a final adjudication that, at least as of the date as of which that adjudication spoke, petitioner landlord was not entitled to a

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