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MATTER OF 600 HEIGHT LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

0112803/2007

2008 NY Slip Op 31857 (U)

In the Matter of the Application of 600 HEIGHTS LLC., Petitioner, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

Supreme Court of the State of New York, New York County.

June 27, 2008.

MARILYN SHAFER, Judge.

This Article 78 proceeding is brought by petitioner 600 Heights LLC. to annul a decision of respondent New York State Division of Housing and Community Renewal (DHCR) which denied petitioner a Major Capital Improvement (MCI) rent increase for the installation of a boiler costing $80,000. DHCR denied petitioner's application on the ground that it was untimely brought.

I. Background

Pursuant to section 3522.4 (a) (2) (1) of the...

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