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MATTER OF SHERWOOD 34 ASSOCIATES v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

309 A.D.2d 529 (2003)

765 N.Y.S.2d 592

In the Matter of SHERWOOD 34 ASSOCIATES, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant, and GARY SCHWEDOCK et al., Respondents.

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

Decided October 7, 2003.

The instant article 78 proceeding, brought by petitioner Sherwood 34 Associates (Sherwood), the owner of two adjoining buildings on Tenth Avenue in Manhattan, arises out of two diametrically opposed orders issued by DHCR between 1987 and 1988 regarding one of those buildings.

In or about 1985, Sherwood's predecessor, JCJ Realty Corp. (JCJ), commenced a proceeding before the DHCR for an administrative determination (the AD proceeding) as to whether the building located...

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