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MATTER OF KARAKASH v. DEL VALLE

Index No. 150934/19. Appeal No. 12572. Case No. 2020-00398.

194 A.D.3d 54 (2021)

144 N.Y.S.3d 31

2021 NY Slip Op 01484

In the Matter of KARINE KARAKASH et al., Petitioners, v. FIDEL F. DEL VALLE, as Commissioner and Chief Administrative Law Judge at the Office of Administrative Trials and Hearings, et al., Respondents.

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

Decided March 11, 2021.

Attorney(s) appearing for the Case

Fahringer & Dubno, New York City ( Erica T. Dubno of counsel), for petitioners.

James E. Johnson , Corporation Counsel, New York City ( Elizabeth I. Freedman and Scott Shorr of counsel), for respondents.

ACOSTA, P.J., GISCHE, GONZÁLEZ and KENNEDY, JJ., concur.

OPINION OF THE COURT

In this hybrid CPLR article 78 proceeding, we are asked to determine whether petitioners' use of their property conforms with the applicable Zoning Resolution and their certificate of occupancy, and, if we find that it does not, to declare, nonetheless, that their use is conforming. Subsumed within that issue...

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