Ordered that the judgment is modified, on the law, by deleting the provision thereof which dismissed that branch of the petition which challenged the penalty imposed, and substituting therefor a provision granting that branch of the petition to the extent of vacating the penalty imposed; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the New York State Division of Housing and Community Renewal...
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