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MATTER OF ADOR REALTY v. DHCR

25 A.D.3d 128 (2005)

802 N.Y.S.2d 190

In the Matter of ADOR REALTY, LLC, Respondent, v. DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant.

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

October 3, 2005.

Attorney(s) appearing for the Case

Marcia P. Hirsch, New York City (Jennifer E. Oxford of counsel), for appellant.

Kucker & Bruh, LLP, New York City (Patrick K. Munson and Katherine Helwig of counsel), for respondent.

PRUDENTI, P.J., H. MILLER and KRAUSMAN, JJ., concur.

OPINION OF THE COURT

SPOLZINO, J.

The principal issue presented on this appeal is how the Division of Housing and Community Renewal (hereinafter the DHCR) can rationally adjudicate an owner's request for a longevity increase, to which the owner is entitled after eight years without a vacancy increase, without running afoul of the statutory provisions that prohibit the DHCR from considering its records beyond...

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