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MATTER OF SMOLARCZYK v. TOWNS

2016-04292. Index No. 18074/14.

166 A.D.3d 786 (2018)

87 N.Y.S.3d 552

2018 NY Slip Op 07736

In the Matter of Sylvester Smolarczyk et al., Appellants, v. Darryl C. Towns, Commissioner of New York State Division of Housing and Community Renewal for the State of New York, Respondent. Antoni Kapuscinski, Proposed Intervenor-Respondent.

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

Decided November 14, 2018.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The petitioner Sylvester Smolarczyk (hereinafter the owner) is the prior owner of a rent-stabilized apartment building in Brooklyn. In 2002, the owner filed an application to deregulate the building from rent stabilization based upon an allegedly substantial rehabilitation completed between 1989 and 1991 (hereinafter the prior work). The application...

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