A CPLR article 78 proceeding was initially brought by petitioner Ansonia Associates to annul an order of the respondent State Division of Housing and Community Renewal (DHCR) which reclassified the Ansonia Hotel as a residential apartment building and, among other things, reduced the rents of the tenants. The Court of Appeals, relying upon its prior decision in Matter of Berkeley Kay Corp. v New York City Conciliation & Appeals Bd. (
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