MATTER OF BERKELEY KAY CORP. v. NEW YORK CITY CONCILIATION & APPEALS BD.


68 N.Y.2d 851 (1986)

In the Matter of Berkeley Kay Corp., Appellant, v. New York City Conciliation and Appeals Board, Respondent.

Court of Appeals of the State of New York.

Decided October 14, 1986.


Attorney(s) appearing for the Case

Arthur Richenthal for appellant.

Cullen S. McVoy and Edward Chazin for respondent.

Judah Gribetz, Douglas M. Parker, Paul G. Burns, Gary M. Rosenberg and Blaine Z. Schwadel for Metropolitan Hotel Industry Stabilization Association, amicus curiae.

Jeffrey R. Metz for Ansonia Associates, amicus curiae.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to Supreme Court, New York County, with directions to remand to the Division of Housing and Community Renewal (DHCR) for further proceedings in accordance with this memorandum.

Petitioner owns the Hotel Berkeley, a residential building located in the City of New York which...

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