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MTR OF MURPHY v. NYS DHCR

No. 146.

21 N.Y.3d 649 (2013)

999 N.E.2d 524

2013 NY Slip Op 6727

In the Matter of PAUL MURPHY, Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant, et al., Respondent.

Court of Appeals of New York.

Decided October 17, 2013.

Attorney(s) appearing for the Case

Eric T Schneiderman , Attorney General, New York City ( Brian A. Sutherland , Barbara D. Underwood and Steven C. Wu of counsel), for appellant.

Himmelstein, McConnell, Gribben, Donoghue & Joseph, New York City ( David Hershey-Webb of counsel), for respondent.

Michael A. Cardozo , Corporation Counsel, New York City ( Karen M. Griffin and Francis F. Caputo of counsel), for City of New York, amicus curiae.

OPINION OF THE COURT

Chief Judge LIPPMAN.

This case arises from a determination of the Division of Housing and Community Renewal (DHCR) denying petitioner Paul Murphy (Murphy) succession rights to a Mitchell-Lama apartment. Because the evidence of Murphy's primary residency was overwhelming, and because there was no relationship between the tenant-of-record's failure to file the income affidavit and the succession...

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