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AVON FURNITURE v. POPOLIZIO

116 A.D.2d 280 (1986)

In the Matter of Avon Furniture Leasing, Inc., Respondent, v. Emanuel P. Popolizio, as Chairman of The New York City Conciliation and Appeals Board, et al., Appellants

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

April 17, 1986

Attorney(s) appearing for the Case

Stanford M. Singer of counsel (Steven R. Lapidus with him on the brief; Abrams Lerner Kisseloff Kissin & Lapidus, P. C., attorneys), for respondent.

Mary Ellen Cronly of counsel (Edward Chazin, attorney), for New York State Division of Housing and Community Renewal, appellant.

KUPFERMAN, J. P., SULLIVAN, ROSS and ROSENBERGER, JJ., concur.

ELLERIN, J.

At issue in this CPLR article 78 proceeding is a finding of an "illusory tenancy" by the New York Conciliation and Appeals Board (CAB) which has been vacated by Special Term.

Proceedings were initiated before the CAB in March 1983 when David Works, who resided in apartment PH-C at 345 East 73rd Street pursuant to a "sublease" with petitioner Avon Furniture Leasing, Inc., filed a complaint...

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