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MATTER OF JOURDAIN v. DHCR

2015-10508. Index No. 16008/14.

159 A.D.3d 41 (2018)

70 N.Y.S.3d 239

2018 NY Slip Op 00556

In the Matter of MARIE JOURDAIN, Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and GEORGETOWN LEASING, LLC, Appellant.

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

Decided January 31, 2018.

Attorney(s) appearing for the Case

Kucker & Bruh, LLP, New York City ( Patrick K. Munson , of counsel), for appellant.

Sharon A. Telford , Brooklyn, for petitioner-respondent.

Mark F. Palomino , New York City ( Sheldon Melnitsky , and Susan E. Kearns , of counsel), for respondent.

Legal Services NYC, Brooklyn ( Edward Josephson , and Anita Wu , of counsel), and The Legal Aid Society, New York City ( Seymour W. James, Jr. , Judith Goldiner , and Ellen Davidson , of counsel), amici curiae pro se (one brief filed).

MASTRO, J.P., COHEN and IANNACCI, JJ., concur.

OPINION OF THE COURT

Rent Stabilization Code (9 NYCRR) § 2523.5 (b) (1) and Public Housing Law § 14 (4) (a) provide family members residing with tenants in rent-stabilized apartments with succession rights under certain circumstances when the tenant vacates the apartment. On this appeal we are asked to determine whether...

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