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IN THE MATTER OF HEILWEIL v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

12 A.D.3d 300 (2004)

785 N.Y.S.2d 63

In the Matter of MARTIN HEILWEIL, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

November 23, 2004.

It is undisputed that petitioner's apartment is excluded from the rent stabilization exemption for other units in the building (see Rent Stabilization Code [RSC] [9 NYCRR] § 2520.11 [e] [6]; Matter of 12th Co. v New York State Div. of Hous. & Community Renewal, 303 A.D.2d 328 [2003], lv denied 100 N.Y.2d 507 [2003]). Respondent's determination that petitioner was...

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