MATTER OF CALE DEV. CO., INC. v. CONCILIATION & APPEALS BD.


61 N.Y.2d 976 (1984)

In the Matter of Cale Development Co., Inc., et al., Appellants, v. Conciliation and Appeals Board et al., Respondents.

Court of Appeals of the State of New York.

Decided March 22, 1984.


Attorney(s) appearing for the Case

Anthony Napolitano and Jon Michael Probstein for appellants.

Cullen S. McVoy, Ellis S. Franke and Mary Ellen Cronly for Conciliation and Appeals Board, respondent.

Stanley M. Ackert, III, for Daniel Gersen, respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed for the reasons stated in the opinion of Justice Sullivan (94 A.D.2d 229). We also note that the Board found that the actual occupants of the apartment under the lease were Robert J. Castle and his wife and that the apartment was not their primary residence. That being so, Michael Castle, their son, had no right to renewal...

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