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IN THE MATTER OF DORMITORY AUTHORITY OF NEW YORK

26 A.D.3d 227 (2006)

812 N.Y.S.2d 40

In the Matter of DORMITORY AUTHORITY OF THE STATE OF NEW YORK, Respondent, Relative to Acquiring Title in Fee to Certain Real Property for Use in a Project to Expand and Consolidate John Jay College of Criminal Justice of the City University of New York. MTP 59 ST LLC, Appellant.

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

February 14, 2006.

Contrary to appellant-occupant's assertion, it was not denied due process, as it had notice of the proceedings and an opportunity to be heard (see e.g. Matter of Novara v. Cantor Fitzgerald, LP, 20 A.D.3d 103, 108 [2005], lv denied 5 N.Y.3d 710 [2005]). Petitioner had the right to proceed solely on an application for a writ of assistance (EDPL 405 [A]), which has no established technical...

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