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MATTER OF 383 8TH LLC v. CITY OF NEW YORK

Index No. 100773/19. Appeal No. 14549. Case No. 2020-03322.

199 A.D.3d 401 (2021)

153 N.Y.S.3d 861

2021 NY Slip Op 06027

In the Matter of 383 8th LLC, Appellant, v. City of New York et al., Respondents.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

Kucker Marino Winiarsky & Bittens, LLP, New York ( Jason M. Frosch of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Benjamin H. Pollak of counsel), for respondents.

Concur—Acosta, P.J., Renwick, Kapnick, Kennedy, Mendez, JJ.

The Loft Board's determination that petitioner failed to meet its burden to show that "no family member, as defined in 29 RCNY § 2-08.1(c)(3)," would be "denied the benefits of succession rights in accordance with 29 RCNY § 2-08.1" (29 RCNY 2-10[f][2]) if the abandonment application were granted had a rational basis and was not arbitrary and capricious (see Matter of Peckham v Calogero, 12 N.Y.3d 424, 431 [2009]). The court...

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