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MATTER OF LEXINGTON HOUSE LLC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

No. 111105/2010, Mot. Seq. No. 001.

2011 NY Slip Op 30581 (U)

In the Matter of the Application of LEXINGTON HOUSE LLC, Petitioner, For a Judgment pursuant to Article 78 of the Civil Practice Law and Rules, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL AND YOSHIKO MORINAGA, Respondents.

Supreme Court, New York County.

March 10, 2011.

Attorney(s) appearing for the Case

Alyssa D. Sandman, Esq. , Belkin Burden Wenig et al., 270 Madison Ave, New York, NY. for petitioner.

Gary R. Connor, Esq. , General Counsel, 25 Beaver St., 7th Fl. New York, NY. for respondent DHCR.

Kenneth P. Kane, Esq. , 240 W. 35th St. Ste. 504, New York, NY. for respondent Morinaga.

>DECISION AND ORDER

BARBARA JAFFE, Judge.

By notice of petition and verified petition dated August 11, 2010, petitioner moves pursuant to CPLR Article 78 for an order reversing and annulling the June 21, 2010 Final Order issued by respondent New York State Division of Housing and Community Renewal (DHCR) or, alternatively, remanding the matter to DHCR for a hearing. Respondents oppose the petition.

I. BACKGROUND

A. Morinaga's tenancy...

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