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

211 A.D.2d 545 (1995)

621 N.Y.S.2d 73

In the Matter of Giffuni Bros., Respondent, v. New York State Division of Housing and Community Renewal, Appellant, and Neil London, Intervenor-Respondent

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

January 24, 1995

Petitioner-respondent Giffuni Brothers ("Landlord") is the owner of the building designated as 353 East 83rd Street, New York, New York (the "Building"). In September 1988, Neil London, the resident of a rent stabilized apartment in the Building, filed a rent overcharge complaint with respondent-appellant New York State Division of Housing and Community Renewal ("DHCR").

The DHCR, in attempting to ascertain whether a 15% vacancy allowance taken by the Landlord on...

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