MATTER OF 374 EASTERN PARKWAY CONMAR OWNERS CORP. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL


300 A.D.2d 670 (2002)

751 N.Y.S.2d 793

In the Matter of 374 EASTERN PARKWAY CONMAR OWNERS CORP. et al., Respondents, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant.

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

Decided December 30, 2002.


Ordered that the judgment is reversed, on the law, with costs, the determination dated December 19, 2000, is confirmed, the petition is denied, and the proceeding is dismissed on the merits.

The petitioners' arguments that the tenants lacked standing to bring a fair market rent appeal and that their complaint was untimely were raised for the first time in this proceeding pursuant to CPLR article 78. Since these arguments...

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