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MTR BURKE APTS. v. HOWE

98 A.D.2d 595 (1984)

In the Matter of John P. Burke Apartments, Inc., Respondent-Appellant, v. James A. Howe, as Assessor of The Town of Queensbury, et al., Appellants-Respondents

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

January 19, 1984

Attorney(s) appearing for the Case

Joseph R. Brennan for appellants-respondents.

Pileckas & Pileckas (Paul L. Pileckas of counsel), for respondent-appellant.

MAHONEY, P. J., CASEY, YESAWICH, JR., and LEVINE, JJ., concur.

MAIN, J.

Petitioner is the owner of an apartment complex located in the Town of Queensbury, Warren County. The complex was built for low-income families and senior citizens under section 236 of the National Housing Act (US Code, tit 12, § 1715z-1). Rent in the complex is based on a tenant's income and the interest rate paid by petitioner for the construction loan given to build the complex is actually 1...

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