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MATTER OF ZORN v. HOWE

276 A.D.2d 51 (2000)

716 N.Y.S.2d 128

In the Matter of ELAYNE ZORN, Petitioner, and CITY OF ITHACA, Respondent, v. ROBERT HOWE, Appellant.

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

November 22, 2000.

Attorney(s) appearing for the Case

LoPinto, Schlather, Solomon & Salk, Ithaca (Diane Campbell of counsel), for appellant.

Patricia Dunn, City Attorney, Ithaca, for respondent.

CARDONA, P.J., PETERS, SPAIN and GRAFFEO, JJ., concur.

OPINION OF THE COURT

MERCURE, J.

In April 1998, the Common Council of the City of Ithaca in Tompkins County enacted ordinance 98-3, which added a new chapter 177 to the City of Ithaca Municipal Code (hereinafter chapter 177). As primarily relevant to this appeal, chapter 177 provides that

"[a] special proceeding to evict a tenant from leased premises may be maintained upon the ground that the premises, or any part thereof, have been used or occupied...

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