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MATTER OF MENGONI v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

97 N.Y.2d 630 (2001)

761 N.E.2d 555

735 N.Y.S.2d 863

In the Matter of FRED MENGONI, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents. In the Matter of ORIN MANAGEMENT CORP., Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant.

Court of Appeals of the State of New York.

Decided October 23, 2001.

Attorney(s) appearing for the Case

Charles H. Small, New York City, for appellant in the first above-entitled proceeding.

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

Jan C. Rose, New York City, Marcia P. Hirsch and Sheldon Melnitsky for respondent New York State Division of Housing and Community Renewal in the two above-entitled proceedings.

No formal submission for individual respondent in the second above-entitled proceeding.

Shaw & Binder, New York City (Robert H. Gordon and Daniel S. LoPresti of counsel), for Rent Stabilization Association of New York City, Inc., amicus curiae.

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

OPINION OF THE COURT

MEMORANDUM.

In Matter of Mengoni v New York State Div. of Hous. & Community Renewal, the order of the Appellate Division should be affirmed, with costs. In Matter of Orin Mgt. Corp. v New York State Div. of Hous. & Community Renewal, the order of the Appellate Division should be reversed, with costs, and the matter remitted to Supreme Court for further proceedings...

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