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


293 A.D.2d 343 (2002)

740 N.Y.S.2d 197

In the Matter of WILLIAM SPECK et al., Appellants, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and UPPER WAVERLY, Intervener-Respondent.

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

Decided April 16, 2002.


The issue of whether the subject premises is a horizontal multiple dwelling was necessarily decided by the Rent Control Agency prior to its issuance of the September 1965 decontrol order affecting the premises (see, e.g., Matter of Menoudakos v Berman, 32 A.D.2d 631, affd 25 N.Y.2d 723). In light of respondent DHCR's entirely rational finding that the criteria for determining what constitutes...

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