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MATTER OF SULLIVAN v. 226-8 EAST 2ND OWNERS CORP.

7155. 101371/15.

164 A.D.3d 1178 (2018)

84 N.Y.S.3d 474

2018 NY Slip Op 06314

In the Matter of Matthew Sullivan, Respondent, v. 226-8 East 2nd Owners Corp. et al., Appellants.

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

Decided September 27, 2018.

The court correctly rejected respondents' argument that the article 78 petition was not ripe for review. While respondent cooperative board did not make a formal, final determination on petitioner's request that it execute the forms necessary for petitioner to submit his application to the New York City Department of Buildings (DOB) for his proposed roof deck, the record supports the conclusion that petitioner had the right to...

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