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MATTER OF GIANELLI v. HIGGINS

212 A.D.2d 708 (1995)

623 N.Y.S.2d 153

In the Matter of Vincent Gianelli, Appellant, v. Richard L. Higgins, as Commissioner of The New York State Division of Housing and Community Renewal, et al., Respondents

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

February 21, 1995

Ordered that the judgment is affirmed, with costs.

The issue of whether Emma Santo was a tenant in a two-story house located at 22-11 149th Street, Queens, prior to 1950 was a question of fact to be determined by the Deputy Commissioner of the New York State Division of Housing and Community Renewal (hereinafter the Deputy Commissioner) (see, Matter of Brandeis v Joy, 112 A.D.2d 126

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