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  5. 67 N.Y.2d 697 (1986)
 

MATTER OF PERLBINDER v. NEW YORK CITY CONCILIATION & APPEALS BD.

67 N.Y.2d 697 (1986)

In the Matter of Barton M. Perlbinder et al., Respondents, v. New York City Conciliation and Appeals Board et al., Appellants.

Court of Appeals of the State of New York.

Decided February 6, 1986.

Attorney(s) appearing for the Case

Mary Ellen Cronly and Edward Chazin for New York City Conciliation and Appeals Board, appellant.

Gustin L. Reichbach for Chrysoula Frangos, appellant.

Lauri Cohen for respondents.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, TITONE and HANCOCK, JR., concur in memorandum; Judge ALEXANDER taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the determination of the Conciliation and Appeals Board (CAB) reinstated.

The CAB found that petitioner was one of 15 partners in the 442-unit residential building at 85 East 85th Street. He occupied two adjoining apartments with his wife and child for six years. In 1974, he vacated the premises, with no intention of returning, and...

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