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140 W 57TH ST v. HOUS & COMM.

130 A.D.2d 237 (1987)

In the Matter of 140 West 57th Street Corp., Appellant, v. State Division of Housing and Community Renewal, Office of Rent Administration, Respondent, and John Morrin, Intervenor-Respondent

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

June 30, 1987

Attorney(s) appearing for the Case

William J. Eberight of counsel (Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., attorneys), for appellant.

Sheldon D. Melnitsky of counsel (Robert Hasher, attorney), for respondent.

Kent Karlsson of counsel (Karlsson & Ng, P. C., attorneys), for intervenor-respondent.

MURPHY, P. J., SANDLER and ROSENBERGER, JJ., concur.

SULLIVAN, J.

This appeal presents the issue of whether the State Division of Housing and Community Renewal (DHCR) is divested of its authority to review an order of the District Rent Administrator by virtue of its failure to comply with section 26-410 (d) (formerly § Y51-8.0 [d], recodified by L 1985, ch 907, § 1) of the Administrative Code of the City of New York, which sets a time limit for the adjudication...

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