Initially, we reject EMP's contention that the IAS court, insofar as it ruled that EMP was estopped from contesting petitioner's right of succession to the subject Mitchell-Lama apartment, improperly went beyond the record before HPD. The issue of estoppel was before HPD by virtue of petitioner's answer to EMP's application for a certificate of eviction, in which petitioner specifically alleged that he had been residing in the apartment with EMP's knowledge and consent, paid...
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