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MATTER OF NELSON v. ROBERTS

304 A.D.2d 20 (2003)

757 N.Y.S.2d 41

In the Matter of TED NELSON, Respondent, v. RICHARD T. ROBERTS, as Commissioner of the New York City Department of Housing Preservation and Development, et al., Appellants.

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

April 8, 2003.

Attorney(s) appearing for the Case

No appearance for respondent.

Edward F.X. Hart of counsel (Leonard Koerner on the brief; Michael A. Cardozo, Corporation Counsel of New York City, attorney), for appellants.

BUCKLEY, P.J., MAZZARELLI, ELLERIN and LERNER, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

Petitioner, who is age 71 and retired, and David Fries, who is disabled, have been tenants in apartment 21C at Manhattan Plaza, 484 West 43rd Street, New York, New York since March 2000, and have been the recipients of a Section 8 subsidy throughout that time. Tenants of Manhattan Plaza, a limited-profit housing company organized under article II of the Private Housing Finance Law of the State of New York, commonly known...

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