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RUDEY v. LANDMARKS COMMN.

182 A.D.2d 61 (1992)

In the Matter of John M. Rudey et al., Individually and as Shareholders in 1030 Fifth Avenue Corporation, Appellants, v. Landmarks Preservation Commission of the City of New York et al., Respondents

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

August 13, 1992

Attorney(s) appearing for the Case

James G. Greilsheimer of counsel (Linda S. Riefberg and Robert S. Davis with him on the brief; Stroock & Stroock & Lavan and Berle, Kass & Case, attorneys), for appellants.

Fay Leoussis of counsel (Leonard Koerner with her on the brief; O. Peter Sherwood, Corporation Counsel, attorney), for Landmarks Preservation Commission of the City of New York and another, respondents.

Richard I. Wolff for 1030 Fifth Avenue Corporation, respondent.

CARRO and RUBIN, JJ., concur with KASSAL, J.; SULLIVAN, J. P., and SMITH, J., dissent in a separate opinion by SMITH, J.

KASSAL, J.

In this CPLR article 78 proceeding, petitioners challenge a determination by respondent Landmarks Preservation Commission of the City of New York (LPC), which directed the restoration of 15 replaced windows in their cooperative apartment, 5W of 1030 Fifth Avenue, located in the Metropolitan Museum of Art Historic District. A prior appeal to this court resulted in the reversal of an order dismissing...

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