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W. 58TH ST. v. CITY OF N.Y.

156196/18. 10421.

188 A.D.3d 1 (2020)

130 N.Y.S.3d 436

2020 NY Slip Op 04521

In the Matter of WEST 58TH STREET COALITION, INC., et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided August 13, 2020.

Attorney(s) appearing for the Case

Rivkin Radler LLP, New York City ( Jeremy B. Honig and Cheryl F. Korman of counsel), for appellants.

Georgia M. Pestana , Acting Corporation Counsel, New York City ( Barbara Graves-Poller and Aaron Bloom of counsel), for respondents.

FRIEDMAN, J.P., and RENWICK, J., concur with SINGH, J.; OING, J., concurs in a separate opinion.

OPINION OF THE COURT

We are asked to decide whether respondents properly permitted the opening of an employment shelter for homeless men in midtown Manhattan. We find that respondents rationally determined that the subject building is a class A multiple dwelling in the "R-2" occupancy...

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