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MATTER OF ZIMAN v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL

76 N.Y.2d 727 (1990)

In the Matter of Jerrold D. Ziman et al., Respondents, v. New York State Division of Housing and Community Renewal, Appellant, and Robert Walker et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided May 31, 1990.

Attorney(s) appearing for the Case

Richard Hartzman and Dennis Hasher for appellant.

John H. Teschner for intervenors-appellants.

Sam Kazman and Bruce Levinson for respondents.

Martin J. Heistein and Andrew Schepard for Rent Stabilization Association of New York City, Inc., amicus curiae.

Carol S. Keenan, Ronald A. Zumbrun, Edward J. Connor, Jr., and R. S. Radford for Pacific Legal Foundation, amicus curiae.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

Order affirmed, with costs, for reasons stated in the memorandum of the Appellate Division (153 A.D.2d 489). We add only that, in view of the unrefuted evidence of hardship, including two unchallenged audit reports prepared by DHCR's own Accounting Division, it was not improper for the Appellate Division to remit the matter to DHCR with instructions to grant...

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