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116TH STREET REALTY PARTNERSHIP v. CITY OF NEW YORK

18 A.D.3d 226 (2005)

794 N.Y.S.2d 368

116TH STREET REALTY PARTNERSHIP, Appellant, v. CITY OF NEW YORK, Respondent.

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

May 5, 2005.

Petitioner's arguments are for the most part improperly raised for the first time in the instant CPLR article 78 proceeding, and we decline to address them (see e.g. Matter of Frangos v New York State Div. of Hous. & Community Renewal, 10 A.D.3d 562 [2004], lv dismissed 4 N.Y.3d 759 [2005]). The denial of vacatur was not an abuse of discretion in view of petitioner's multiple deviations...

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