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MATTER OF LEEPSON v. HOLLAND

171 Misc.2d 84 (1996)

653 N.Y.S.2d 841

In the Matter of Lenore Leepson et al., Petitioners, v. Joseph H. Holland, as Commissioner of the State of New York, Division of Housing and Community Renewal — Office of Rent Administration, Respondent, and Westminster Properties, Ltd., Intervenor-Respondent.

Supreme Court, New York County.

December 12, 1996

Attorney(s) appearing for the Case

David A. Balinsky, New York City, for petitioners. Dennis C. Vacco, Attorney-General, New York City (B. Carol Centi of counsel), for respondent. Borah, Goldstein, Altschuler & Schwartz, P. C., New York City (Robert Berman of counsel), for intervenor-respondent.

HERMAN CAHN, J.

Petitioner initially commenced this proceeding pursuant to CPLR article 78, however, on consent of all the parties, the action has been converted to one for declaratory judgment. It challenges the constitutionality of the Rent Regulation Reform Act of 1993 (L 1993, ch 253) (Reform Act) which, among other things, provides for the decontrol of "high rent" apartments occupied by "high income" households...

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