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PORTOFINO REALTY CORP. v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

2017-08366. Index No. 501554/14.

193 A.D.3d 773 (2021)

147 N.Y.S.3d 69

2021 NY Slip Op 02184

Portofino Realty Corp. et al., Appellants, and Apartment Owners Advisory Council et al., Intervenors-Appellants, v. New York State Division of Housing and Community Renewal et al., Respondents, and Make the Road New York et al., Intervenors-Respondents.

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

Decided April 7, 2021.

Attorney(s) appearing for the Case

Feuerstein Kulick LLP, New York, NY ( David Feuerstein and Belkin Burden Wenig & Goldman, LLP [ Sherwin Belkin ], of counsel), for plaintiffs-appellants.

Finger & Finger P.C., White Plains, NY ( Carl L. Finger of counsel), for intervenor-plaintiffs-appellants.

Letitia James , Attorney General, New York, NY ( Ester Murdukhayeva and Steven C. Wu of counsel) for defendants-respondents.

Patterson Belknap Webb & Tyler LLP, New York, NY ( Lisa E. Cleary , Jason R. Vitullo , Amy N. Vegari , Jacob F. Siegel , Legal Aid Society [ Adriene Holder , Judith Goldiner , and Ellen Davidson ], and South Brooklyn Legal Services, Inc. [ Edward Josephson ], of counsel), for intervenor-defendants-respondents.

Dillon, J.P., LaSalle, Barros and Christopher, JJ., concur.

Motion by the defendant New York State Division of Housing and Community Renewal, in effect, to dismiss stated portions of the appeal on the ground that they have been rendered academic. By decision and order on motion of this Court dated December 11, 2019, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

Upon the papers filed in support of the motion and the papers...

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