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MATTER OF KUSYK v. NEW YORK CITY DEPARTMENT OF BUILDINGS

112036/11, 13165, 13164

130 A.D.3d 509 (2015)

13 N.Y.S.3d 431

2015 NY Slip Op 06088

In the Matter of RICHARD KUSYK et al., Respondents, v. NEW YORK CITY DEPARTMENT OF BUILDINGS et al., Respondents, and GREEN 333 CORP., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 14, 2015.

The court properly directed DOB to amend the certificate of occupancy for the subject apartment, which is owned by Green and in which petitioners are tenants. It is undisputed that the only residential use permitted in the zoning district in which the apartment is situated is joint living/working quarters for artists; yet, the certificate of occupancy erroneously indicates a use group requiring purely residential use. Contrary to Green's argument that this matter requires...

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