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MATTER OF M.M. & I. REALTY CO., LLC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

2018-05423. Index No. 518975/17.

199 A.D.3d 917 (2021)

154 N.Y.S.3d 460

2021 NY Slip Op 06355

In the Matter of M.M. & I. Realty Co., LLC, Appellant, v. New York State Division of Housing and Community Renewal, Respondent. 35 Orange Street Tenants' Association, Intervenor-Respondent.

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

Decided November 17, 2021.

Attorney(s) appearing for the Case

Cornicello, Tendler & Baumel-Cornicello, LLP, New York, NY ( Susan Baumel-Cornicello and Jay H. Berg of counsel), for appellant.

Mark F. Palomino , New York, NY ( Dawn Ivy Schindelman of counsel), for respondent-respondent.

David E. Frazer , New York, NY, for intervenor respondent-respondent.

Mastro, J.P., Austin, Duffy and Connolly, JJ., concur.

Ordered that the judgment is affirmed, with one bill of costs.

As is relevant to this appeal, in July 2012, a Rent Administrator of the New York State Department of Housing and Community Renewal (hereinafter DHCR) issued an order denying in part an application by the petitioner, the owner of a rent-stabilized apartment building in Brooklyn (hereinafter the premises), for a rent increase following the completion of major capital improvements to the premises. The petitioner...

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