SPRING VAL. v. MARRERO


100 A.D.2d 93 (1984)

Spring Valley Gardens Associates et al., Respondents, v. Victor Marrero, as Commissioner of The State of New York Division of Housing and Community Renewal, et al., Defendants, Village of Spring Valley, Appellant. (Action No. 1.) Joseph Feld et al., Respondents, v. Joseph B. Goldman, as Acting Commissioner of The State of New York Division of Housing and Community Renewal, et al., Defendants, Village of Spring Valley, Appellant. (Action No. 2.) JHW Construction Corp., Respondent, v. Victor Marrero, as Commissioner of The State of New York Division of Housing and Community Renewal, et al., Defendants, Village of Spring Valley, Appellant. (Action No. 3.) Tower Properties, Respondent, v. Richard Berman, as Commissioner of The State of New York Division of Housing and Community Renewal, et al., Defendants, Village of Spring Valley, Appellant. (Action No. 4.) Sadie Farkas et al., Respondents, v. Richard Berman, as Commissioner of The State of New York Division of Housing and Community Renewal, et al., Defendants, Village of Spring Valley, Appellant. (Action No. 5.) Berry Estates, Inc., et al., Respondents, v. Division of Housing and Community Renewal of the State of New York, Defendant, Village of Spring Valley, Appellant. (Action No. 6.) Steven Pekofsky et al., Respondents, v. Division of Housing and Community Renewal of the State of New York, Defendant, Village of Spring Valley, Appellant. (Action No. 7.)

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

March 19, 1984


Attorney(s) appearing for the Case

Michael A. Stone, Village Attorney (Sammy Giament of counsel), for Village of Spring Valley.

Donald Tirschwell (Ellen B. Holtzman on the brief), for Steven Pekofsky and others, respondents-appellants.

Milton B. Shapiro for respondents in Actions Nos. 1, 3 and 6.

Dubbs & DePodwin (Leslie P. Simon on the brief), for respondents in Action No. 2, and Jacobson & Jacobson (Murray Jacobson on the brief), for respondents in Actions Nos. 4 and 5.

NIEHOFF and RUBIN, JJ., concur with GIBBONS, J. P.; THOMPSON, J., dissents and votes to affirm the judgment dated November 3, 1982 and the two judgments dated November 18, 1982 insofar as appealed from, with an opinion.


GIBBONS, J. P.

At issue is the validity of a resolution of the defendant village, made pursuant to subdivision a of section 3 of the Emergency Tenant Protection Act of 1974 (hereinafter ETPA; L 1974, ch 576, § 4). The resolution states that prior to a public hearing, which was held on December 5, 1978, the village "surveyed rental units for the purpose of determining...

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