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OWNER OCCUPIED HOUS v. ABRAMS

72 N.Y.2d 553 (1988)

Council for Owner Occupied Housing, Inc., et al., Respondents, v. Robert Abrams, as Attorney-General of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided November 22, 1988.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Nancy Kramer, O. Peter Sherwood, Lawrence S. Kahn and Frederick K. Mehlman of counsel), appellant pro se.

Herbert Teitelbaum, Thomas P. Battistoni, Mona R. Millstein and Alan Epstein for respondents.

Peter L. Zimroth, Corporation Counsel (Fay Leoussis and Francis F. Caputo of counsel), for the City of New York, amicus curiae.

Richard L. Levenson and Michele Cortese for Metropolitan Council on Housing and another, amici curiae.

Stuart M. Saft and Eric B. Levine for Council of New York Cooperatives, Inc., amicus curiae.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

SIMONS, J.

This action challenges the authority of the Attorney-General under article 23-A of the General Business Law (the Martin Act), specifically his authority to promulgate and enforce 13 NYCRR 18.3 (hh) (3) governing the conversion of rental buildings to cooperative status. The regulation requires sponsors to state in their offering plans "that prior to closing or within a reasonable period of time thereafter...

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