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COLUMBUS PARK CORP. v. DHPD

170 A.D.2d 145 (1991)

In the Matter of Columbus Park Corporation, Appellant, v. Department of Housing Preservation and Development of the City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

August 22, 1991

Attorney(s) appearing for the Case

Marvin Wexler of counsel (Concettina Sacheli with him on the brief; Kornstein Veisz & Wexler, attorneys), for appellant.

William J. Thom of counsel (Stephen J. McGrath and Andrea Roschelle with him on the brief; Victor A. Kovner, Corporation Counsel, attorney), for respondents.

SULLIVAN, J. P., and SMITH, J., concur with WALLACH, J.; ELLERIN and ROSS, JJ., dissent in an opinion by ROSS, J.

WALLACH, J.

This CPLR article 78 proceeding in the nature of mandamus is brought by a Mitchell-Lama limited-profit housing company organized in 1963, and seeks to compel respondent City of New York and its agency in charge of supervising citysponsored Mitchell-Lama housing, respondent Department of Housing Preservation and Development, to issue a letter of no objection, an administrative permit necessary to...

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