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PECKHAM v. CALOGERO

12 N.Y.3d 424 (2009)

In the Matter of DANIEL PECKHAM, Appellant, v. JUDITH A. CALOGERO, as Commissioner of the State of New York's Division of Housing and Community Renewal, et al., Respondents.

Court of Appeals of New York.

Decided May 5, 2009.

Attorney(s) appearing for the Case

Nixon Peabody LLP, New York City (Eileen M. Cunningham and Matthew C. Peluso of counsel), for appellant.

Belkin Burden Wenig & Goldman, LLP, New York City (Magda L. Cruz, Sherwin Belkin and Kristine L. Grinberg of counsel), for Chelsea Partners, LLC, respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

JONES, J.

Respondent Chelsea Partners, LLC (Owner) owns a three-story, 40-foot-deep building with a basement and eight residential units in Manhattan. Petitioner Daniel Peckham, the sole remaining occupant of the building, resides in an apartment subject to the Rent Stabilization Law and Code.

In May 2004, Owner filed an "Owner's Application for Order Granting Approval to Refuse...

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