MATTER OF FAZIO v. JOY


89 A.D.2d 604 (1982)

In the Matter of Theresa Fazio et al., Respondents, v. Daniel W. Joy, as Commissioner of Department of Housing Preservation and Development, Office of Rent and Housing Maintenance (Rent Control Division), Appellant

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

July 19, 1982


Judgment reversed, on the law, without costs or disbursements, and proceeding dismissed on the merits.

Petitioners seek, inter alia, to compel the granting of a certificate of eviction for the first-floor apartment in a two-family apartment building they own. The tenant is a brother of petitioner Theresa Fazio. Petitioners maintain, as they did in 1977 when they commenced a prior eviction proceeding, that they seek the apartment for medical reasons: Mrs. Fazio...

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