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PEOPLE v. BERRY ESTATES

87 A.D.2d 161 (1982)

The People of the State of New York ex rel. Office of Rent Administration, Division of Housing and Community Renewal, Respondent, v. Berry Estates, Inc., et al., Appellants. (Action No. 1.) Berry Estates, Inc., et al., Appellants, v. Victor Marrero, as Commissioner of The State of New York Division of Housing and Community Renewal, et al., Respondents. (Action No. 2.)

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

June 1, 1982

Attorney(s) appearing for the Case

Donald Tirschwell for appellants.

Joseph B. Goldman (Charles S. Brownstein and Martin A. Shlufman of counsel), for respondents.

Robert Abrams, Attorney-General (Daniel M. Cohen of counsel), in his statutory capacity under section 71 of the Executive Law.

TITONE, J. P., GIBBONS and WEINSTEIN, JJ., concur.

RUBIN, J.

I. FACTS

By chapter 576 of the Laws of 1974, the State Legislature enacted the Emergency Tenant Protection Act of 1974 (the ETPA) effective May 29, 1974, finding and declaring that a serious public emergency continued to exist in housing accommodations. The New York State Division of Housing and Community Renewal (the Division) was designated administrator of the ETPA for the Counties of Rockland...

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