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MATTHEWS v. MARCUS HOUSES

192 Misc.2d 439 (2002)

746 N.Y.S.2d 528

In the Matter of YOLANDA MATTHEWS et al., Appellants, v. MARCUS GARVEY BROWNSTONE HOUSES INC. et al., Respondents.

Supreme Court, Appellate Term, Second Department.

June 6, 2002.

Attorney(s) appearing for the Case

Brooklyn Legal Services Corp. A (Martin S. Needelman, Paul J. Acinapura, Richard J. Wagner and Jim Provost of counsel), for appellants.

Gutman, Mintz, Baker & Sonnenfeldt, P.C., New Hyde Park (Steven J. Masef of counsel), for respondents.

PESCE, P.J., ARONIN and PATTERSON, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously affirmed without costs.

In this proceeding commenced under article 7-A of the Real Property Actions and Proceedings Law for the appointment of an administrator, the court properly granted respondents' motion to dismiss the petition, without prejudice, on the ground that a proper notice to the nonpetitioning tenants had not been given (RPAPL 771 [6]).

At least one third of the tenants in this...

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