IN THE MATTER OF SCHORR v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT


10 N.Y.3d 776 (2008)

886 N.E.2d 762

857 N.Y.S.2d 1

In the Matter of MITCHELL SCHORR, Respondent, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT et al., Appellants.

Court of Appeals of the State of New York.

Decided March 13, 2008.


Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Karen M. Griffin and Francis F. Caputo of counsel), for New York City Department of Housing Preservation and Development, appellant.

Gallet Dreyer & Berkey, LLP, New York City (Michelle P. Quinn and David L. Berkey of counsel), for East Midtown Plaza Housing Company, Inc., appellant.

Rosenberg & Estis, PC., New York City (Jeffrey Turkel of counsel), for respondent.

Andrew M. Cuomo, Attorney General, New York City (Robert C. Weisz, Barbara D. Underwood and Michael S. Belohlavek of counsel), for New York State Division of Housing and Community Renewal, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the petition dismissed.

In 1987, petitioner, his parents and brother moved into a two-bedroom Mitchell-Lama apartment in Manhattan.1 Because petitioner was 14 years old at the time, he was the only member of his family not listed as a tenant of record. Petitioner left the apartment for college at some point in the...

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