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EAST MIDTOWN CO. v. CUOMO

No. 187.

20 N.Y.3d 161 (2012)

20 N.Y.3d 161

2012 NY Slip Op 7848

EAST MIDTOWN PLAZA HOUSING COMPANY, INC., Appellant, v. ANDREW M. CUOMO, as Attorney General of the State of New York, et al., Respondents. EAST MIDTOWN PLAZA TENANT-COOPERATOR ASSOCIATION, Intervenor-Appellant; EAST MIDTOWN PLAZA MITCHELL-LAMA ORGANIZATION, Intervenor-Respondent.

Court of Appeals of New York.

decided November 19, 2012.

Attorney(s) appearing for the Case

Sullivan & Worcester LLP, New York City ( George O. Richardson, III , and Michael T Sullivan of counsel), for appellant.

Eric T Schneiderman , Attorney General, New York City ( Richard Dearing , Barbara D. Underwood and David Lawrence III of counsel), for State of New York, respondent.

Michael A. Cardozo , Corporation Counsel, New York City ( Victoria Scalzo , Kristin M. Helmers and Ave Maria Brennan of counsel), for New York City Department of Housing Preservation and Development, respondent.

Himmelstein, McConnell, Gribben, Donoghue & Joseph, New York City ( Kevin R. McConnell and Serge Joseph of counsel), for intervenor-appellant.

Barry Mallin & Associates, PC., New York City ( Barry Mallin of counsel), for intervenor-respondent.

Collins, Dobkin & Miller, LLP, New York City ( Stephen Dobkin of counsel), and Mary Foutz , Brooklyn, for Mitchell-Lama Residents Coalition and others, amici curiae.

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

OPINION OF THE COURT

GRAFFEO, J.

In this proceeding, we hold that the Martin Act applies to the proposed privatization of a Mitchell-Lama cooperative apartment complex. Based on the circumstances of this case, we also conclude that a vote to determine whether the cooperative withdraws from the Mitchell-Lama program must be counted on a per-apartment basis rather than a per-share basis.

I.

Petitioner East Midtown Plaza Housing Company, Inc...

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