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PEOPLE EX REL. OFFICE OF RENT ADMIN. v. BERRY ESTATES, INC.

58 N.Y.2d 701 (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 of Housing and Community Renewal, et al., Respondents. (Action No. 2.)

Court of Appeals of the State of New York.

Decided December 2, 1982.

Attorney(s) appearing for the Case

Donald Tirschwell for appellants.

Martin A. Shlufman and Joseph B. Goldman for respondents.

Robert Abrams, Attorney-General (Daniel M. Cohen and Peter H. Schiff of counsel), in his statutory capacity pursuant to section 71 of the Executive Law.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs.

Insofar as appellants seek relief under subdivision (a) of section 9 of the Emergency Tenant Protection Act of 1974 (L 1974, ch 576, § 4), their claim is precluded by their failure to file an application for rent adjustment within 60 days of the local effective date of Resolution No. 4, whether that date be January 1, 1979 or June...

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