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

220 A.D.2d 504 (1995)

632 N.Y.S.2d 219

In the Matter of Livingston Associates, Respondent, v. State of New York Division of Housing and Community Renewal, Appellant

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

October 10, 1995

Ordered that the judgment is reversed, on the law, with costs, the determination is reinstated, the petition is denied, and the proceeding is dismissed.

The petitioner is the owner of a certain apartment building located in Brooklyn. In April 1967, the Division of Housing and Community Renewal (hereinafter the DHCR) issued a decontrol order for apartment 1 of the building based on owner occupancy. In September 1989, after...

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