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MATTER OF ELKIN v. ROLDAN

94 N.Y.2d 853 (1999)

725 N.E.2d 622

704 N.Y.S.2d 201

In the Matter of MICHAEL ELKIN et al., Respondents, v. PAUL A. ROLDAN, as Deputy Commissioner of the Division of Housing and Community Renewal, Appellant, and 220 EAST 72ND STREET COMPANY, Respondent. In the Matter of HOWARD SHAPIRO, Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant, and 40 CENTRAL PARK SOUTH, INC., Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1999.

Attorney(s) appearing for the Case

Roderick J. Walters and Marcia P. Hirsch, New York City, for appellants in the two above-entitled proceedings.

Borah, Goldstein, Altschuler & Schwartz, P. C., New York City (Jeffrey R. Metz of counsel), for intervenor-appellant in the second above-entitled proceeding.

Kellner Chehebar & Deveney, New York City (Douglas A. Kellner of counsel), for respondents in the first above-entitled proceeding.

Himmelstein McConnell Gribben & Donoghue, New York City (David E. Frazer of counsel), for respondent in the second above-entitled proceeding.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

In each case, the order of the Appellate Division should be modified, without costs, and the matters remitted to Supreme Court, with directions to remand to the Division of Housing and Community Renewal (DHCR) for further proceedings in accordance with this memorandum, and, as so modified, affirmed.

Michael and Susan Elkin reside in a rent-stabilized apartment in New...

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