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MATTER OF 235 HOTEL LLC. v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK

309 A.D.2d 587 (2003)

765 N.Y.S.2d 360

In the Matter of 235 HOTEL LLC, Respondent, v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK, Appellant.

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

Decided October 14, 2003.

Inasmuch as the petition raised an issue as to whether the challenged determination of respondent, which denied petitioner's application for a certificate of no harassment, was supported by substantial evidence, the IAS court should have transferred the proceeding to this Court pursuant to CPLR 7804 (g) (see Matter of Featherstone v Franco, 269 A.D.2d 109, 110 [2000], affd 95 N.Y.2d 550...

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