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IN THE MATTER OF 61 WEST 8th STREET LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

112071/08, Mot. Seq. 001

2008 NY Slip Op 33091 (U)

In the Matter of the Administrative Appeal of 61 WEST 8th STREET LLC Petitioner, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL Respondents. For an Order and Judgment Pursuant to CPLR Article 78

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

November 17, 2008.

DECISION and ORDER

EILEEN A. RAKOWER, Judge.

Petitioner 61 West 8th Street LLC (owner), moves for a judgment under Article 78 reversing, annulling, and setting aside the order of Respondent New York State Division of Housing and Community Renewal ("DHCR") issued on October 26, 2006 as arbitrary, capricious, in violation of the law and in violation of Petitioner's right to due process. In the alternative, petitioner requests that...

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