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

212 A.D.2d 603 (1995)

622 N.Y.S.2d 548

In the Matter of Brightwater Towers Associates, Appellant-Respondent, v. New York State Division of Housing and Community Renewal et al., Respondents-Appellants. (Proceeding No. 1.) In the Matter of Paul Podhaizer et al., Respondents-Appellants, v. Angelo Aponte, as Commissioner of The State of New York Division of Housing and Community Renewal, et al., Respondents. (Proceeding No. 2.)

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

February 14, 1995

Ordered that the order and judgment is modified, on the law, by deleting therefrom the provision modifying the Commissioner's order and dismissing Proceeding No. 1 in all other respects, and by substituting therefor a provision denying the petition in Proceeding No. 1 and dismissing Proceeding No. 1 in its entirety; as so modified, the order and judgment is affirmed insofar as appealed and cross-appealed from, with one bill of costs payable to the New York State Division...

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