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MATTER OF 333 E. 49TH PARTNERSHIP, LP v. NEW YORK STATE DIV. OF HOUS. AND COMMUNITY RENEWAL

101608/15. 6608.

165 A.D.3d 93 (2018)

83 N.Y.S.3d 461

2018 NY Slip Op 05735

In the Matter of 333 EAST 49th PARTNERSHIP, LP, et al., Appellants, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided August 9, 2018.

Attorney(s) appearing for the Case

Kucker & Bruh, LLP, New York City ( Nativ Winiarsky and Patrick K. Munson of counsel), for appellants.

Mark F. Palomino , New York City ( Martin B. Schneider of counsel), for respondent.

ACOSTA, P.J., TOM, MAZZARELLI and KERN, JJ., concur.

OPINION OF THE COURT

The primary issues on this appeal are whether the New York State Division of Housing and Community Renewal (DHCR) had the authority to sua sponte vacate a nonfinal order under section 2529.9 of the Rent Stabilization Code (9 NYCRR) and whether DHCR's finding...

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