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IN THE MATTER OF APPLICATION OF DRUCKER v. COMMISSIONER OF THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY

115077/2010, Mot. Seq. No. 001.

2011 NY Slip Op 30801 (U)

In the Matter of the Application of JOHN DRUCKER and JACQUELIN DRUCKER for an Order Pursuant to Article 78 of the Civil Practice Law and Rules, Petitioners, v. COMMISSIONER of the NEW YORK STATE DIVISION OF HOUSING and COMMUNITY RENEWAL, NANCY MAURO as EXECUTRIX OF THE ESTATE OF JOHN MAURO, Respondents.

Supreme Court, New York County.

April 1, 2011.

Attorney(s) appearing for the Case

Irwin, Lewin, Cohn & Lewin, P.C., Edward Cohn, Esq. , 845 Third Avenue, New York NY 10022 (212)759-2600, for Petitioners.

Gary R. Connor, Esq. , General Counsel, Christina S. Ossi, Esq. , 25 Beaver Street, Rm. 707, New York NY 10004 (212)480-6790, for Respondent DHCR.

Poch & Luckow, P.C., Howard Poch, Esq. , 40 Exchange PI., Suite 1606, New York NY 10005 (212)344-4184, Respondent Mauro.

PAUL G. FEINMAN, Judge.

Petitioners move, pursuant to Article 78, to set aside the order of the New York State Division of Housing and Community Development (DHCR), dated September 23, 2010, alleging that the order was based on an error of law, was arbitrary and capricious, and constituted an abuse of discretion.

Respondent Nancy Mauro cross-moves, pursuant to CPLR 7804 (f), to dismiss the petition.

Respondent DHCR cross-moves for an order remitting...

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