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STERLING v. ENVIRONMENTAL CONTROL BD. OF N.Y.C.

No. 1292, Docket 85-7229.

793 F.2d 52 (1986)

Lee STERLING and Thomas Lapiana, Plaintiffs-Appellants, Housing Council of New York, Inc., Plaintiff-Intervenor-Appellant, v. ENVIRONMENTAL CONTROL BOARD OF the CITY OF NEW YORK and the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 5, 1986.

Attorney(s) appearing for the Case

Arthur R. Miller, Cambridge, Mass. (Lionel A. Marks, New York City of counsel), for plaintiffs-appellants.

Joan E. Handler, New York City (Frederick A.O. Schwartz, Jr., Corp. Counsel, of City of New York, Francis F. Caputo, Susan M. Shapiro, New York City, of counsel), for defendants-appellees.

Before NEWMAN and WINTER, Circuit Judges, and COFFRIN, District Judge.

WINTER, Circuit Judge:

Lee Sterling and Thomas Lapiana, two absentee landlords of multiple dwelling housing units in New York City, and the Housing Council of New York, Inc., an umbrella organization of multiple dwelling landlord groups, appeal from a judgment upholding chapter 623 of the New York Session Laws of 1979 (formerly N.Y. City Charter § 1404(d)(2)) as constitutional. This statute once governed issuance of summonses for violations of New York City's...

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