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CITY OF NEW YORK v. STEAM HEAT, INC.

230 A.D.2d 761 (1996)

646 N.Y.S.2d 540

City of New York, Respondent, v. Steam Heat, Inc., et al., Appellants

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

August 12, 1996

Ordered that the order is affirmed, with costs.

It was not an improvident exercise of discretion for the Supreme Court to grant the motion of the City of New York for a preliminary injunction and "closing order" in light of the Supreme Court's determination in a related proceeding entitled Matter of Steam Heat v Silva. In that proceeding, the Supreme Court (Barasch, J.) held that a determination made by the Board of Standards and Appeals, after a public hearing...

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