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MATTER OF ONE NINETY SIXTH ST, LLC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

2019-08977. Index No. 5070/18.

200 A.D.3d 961 (2021)

161 N.Y.S.3d 142

2021 NY Slip Op 07273

In the Matter of One Ninety Sixth St, LLC, Respondent, v. New York State Division of Housing and Community Renewal, Appellant.

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

Decided December 22, 2021.

Attorney(s) appearing for the Case

Mark F. Palomino , New York, NY ( Sandra A. Joseph of counsel), for appellant.

Horing Welikson Rosen & Digrugilliers, P.C., Williston Park, NY ( Jillian N. Bittner of counsel), for respondent.

Austin, J.P., Duffy, Barros and Wooten, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and, upon reargument, the determination in the judgment entered October 4, 2018, denying that branch of the petition which was to annul so much of the determination of the Deputy Commissioner of the New York State Division of Housing and Community Renewal as set the legal regulated rent for the apartment at issue is adhered to.

In June 2018, the petitioner, One Ninety Sixth St, LLC...

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