Rent Stabilization Association of New York, Inc., et al., Respondents, and Small Property Owners of New York, Intervenor-Respondent,
v.
Richard L. Higgins, as Commissioner of The New York State Division of Housing and Community Renewal, Appellant, and Robert Wells et al., Intervenors-Appellants
Rent Stabilization Association of New York, Inc., et al., Appellants, and Small Property Owners of New York, Intervenor,
v.
Richard L. Higgins, as Commissioner of The New York State Division of Housing and Community Renewal, Respondent, and Robert Wells et al., Intervenors-Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 4, 1990
December 4, 1990
Attorney(s) appearing for the Case
Sherwin Belkin of counsel (Magda L. Cruz and Martin J. Heistein with him on the brief; Belkin Burden Wenig & Goldman, attorneys), for appellants.
Ronald D. Hariri of counsel (Abady, Jaffe & Hariri, attorneys), for intervenor-respondent and intervenor.
Cullen S. McVoy of counsel (Daniel E. Konig and Harvey M. Berman with him on the brief; Dennis B. Hasher and Robert Abrams, Attorney-General, attorneys), for appellant.
Lynn Kelly of counsel (Janet Sabel, Sandra R. Farber, Paris Baldacci and Diane Lutwak with her on the brief; Jane E. Booth, Kathleen Masters, Douglas J. Seidman and Douglas E. Hoffman, attorneys), for The Legal Aid Society, on behalf of Disabled In Action and another, intervenors-appellants.
William B. Rubenstein (Nan B. Hunter of counsel), for American Civil Liberties Union; and Evan Wolfson and Paula Ettelbrick for Lambda Legal Defense and Education Fund, Inc., on behalf of Gay Men's Health Crisis, Inc. and others, intervenors-appellants.
Robert H. Gordon of counsel (Frank J. Barbar, attorney), for Janet Goodman, intervenor-appellant.
Jane S. Earle of counsel (Leonard Koerner and Phyllis Arnold with her on the brief; Victor A. Kovner, Corporation Counsel, attorney), for City of New York, amicus curiae.
Samuel J. Himmelstein of counsel (Rochelle K. Benjamin, William Griben and Kevin R. McConnell with him on the brief; Himmelstein & McConnell, attorneys), for NYS Tenant and Neighborhood Coalition Inc. and others, amici curiae.
Kleo J. King for Eastern Paralyzed Veterans Association, amicus curiae.
William E. Rosen of counsel (Horing & Welikson, attorneys), for Community Housing Improvement Program, amicus curiae.
Jody Leight for Jewish Association for Services for the Aged, amicus curiae.
Carol S. Keenan of counsel (Klein & Keenan, and Ronald A. Zumbrun, Edward J. Connor, Jr., and R. S. Radford, attorneys), for Pacific Legal Foundation, amicus curiae.
MILONAS, ASCH and ELLERIN, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, First Department.
ROSS, J. P.
The primary issue on these appeals is whether the IAS court properly enjoined the implementation of the emergency rule and subsequent amendment to the State Division of Housing and Community Renewal's permanent regulations, adopted in order to conform and/or broaden the administrative regulations governing lease succession rights and antieviction protections, under the State and City of New York...
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