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218 E. 85TH STREET, LLC v. DIV. OF HOUS.

23 Misc.3d 557 (2009)

872 N.Y.S.2d 640

In the Matter of 218 EAST 85TH STREET, LLC, Petitioner, v. DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

Supreme Court, New York County.

Decided January 5, 2009.

Attorney(s) appearing for the Case

Kucker & Bruh, LLP, New York City, for petitioner.

Andrew M. Cuomo, Attorney General, New York City, for respondent.

OPINION OF THE COURT

MARILYN SHAFER, J.

In this CPLR article 78 proceeding, the court is called upon to determine whether respondent New York State Division of Housing and Community Renewal (DHCR) erred in interpreting the 2003 amendment to section 26-511 (c) (14) of the Rent Stabilization Law (Administrative Code of City of NY) (the 2003 amendment) as not permitting an owner to eliminate a tenant's preferential...

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