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MATTER OF GELSTON v. DHCR

177 Misc.2d 431 (1998)

676 N.Y.S.2d 765

In the Matter of Edna Gelston et al., Petitioners, v. New York State Division of Housing and Community Renewal et al., Respondents.

Supreme Court, Queens County.

May 11, 1998

Attorney(s) appearing for the Case

Robert Katz, Bayside, for petitioners. Dennis C. Vacco, Attorney-General, New York City (Keith P. Brown of counsel), and Marcia P. Hirsch, New York City, for New York State Division of Housing & Community Renewal, respondent. Shaw & Binder, New York City (Daniel S. Lopresti of counsel), for Mid-Queens LP, respondent.

JOHN A. MILANO, J.

In this CPLR article 78 proceeding, petitioners Edna and Robert Gelston seek the following relief:

(1) That the court declare CPLR 213-a and section 46 of the Laws of 1997 (ch 116) unconstitutional, and, therefore, the manner in which the Commissioner of respondent New York State Division of Housing and Community Renewal (DHCR) rendered the order of January 15, 1998 to be arbitrary...

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