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MATTER OF RIZZO v. DHCR

6 N.Y.3d 104 (2005)

843 N.E.2d 739

810 N.Y.S.2d 112

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

Court of Appeals of the State of New York.

Decided December 20, 2005.

Attorney(s) appearing for the Case

Linda Rzesniowiecki, New York City, for appellant.

Gary Turk, New York City, and David B. Cabrera for respondent.

Chief Judge KAYE and Judges G.B. SMITH, GRAFFEO, READ and R.S. SMITH concur with Judge ROSENBLATT; Judge CIPARICK dissents and votes to reverse and reinstate the order of Supreme Court in a separate opinion.

OPINION OF THE COURT

ROSENBLATT, J.

In this CPLR article 78 proceeding, we hold that after the New York State Division of Housing and Community Renewal (DHCR) has issued a final determination, concerning an application for a certificate of eviction pursuant to New York City Administrative Code § 26-408 (b) (3) or New York City Rent and Eviction Regulations (9 NYCRR) § 2204.7, a reviewing court may...

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