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MULLER v. DHCR

263 A.D.2d 296 (2000)

703 N.Y.S.2d 80

In the Matter of GLENN MULLER et al., Respondents, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Appellants.

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

February 8, 2000.

Attorney(s) appearing for the Case

Joseph H. Lessem of counsel (Jonathan S. Gaynin and Meichelle R. MacGregor on the brief; Cowan, Liebowitz & Latman, P. C., attorneys), for respondents.

Sheldon D. Melnitsky of counsel (Ursula M. Richards on the brief; Marcia P. Hirsch, attorney), for New York State Division of Housing and Community Renewal, appellant.

Daniel S. LoPresti and Stuart F. Shaw of counsel (Robert H. Gordon on the brief; Shaw & Binder, attorneys), for 327 Central Park, L. L. C., additional appellant.

RUBIN, ANDRIAS and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J. P.,

At issue in this CPLR article 78 proceeding is a tenants' challenge to the initial monthly stabilized rent, established 10 years earlier with respect to a luxury six-room apartment overlooking Central Park, in Manhattan. In September 1990, the tenants, petitioners herein, took possession of apartment 9A, located at 327 Central Park West, under a vacancy twoyear lease...

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