MATTER OF 128 HESTER LLC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 150032/18. Appeal No. 15490. Case No. 2021-02369.

203 A.D.3d 482 (2022)

160 N.Y.S.3d 569

2022 NY Slip Op 01510

In the Matter of 128 Hester LLC, Appellant, v. New York State Division of Housing & Community Renewal et al., Respondents.

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

Decided March 10, 2022.


Attorney(s) appearing for the Case

Klein Slowik, PLLC, New York ( Mikhail Sheynker of counsel), for appellant.

Mark F. Palomino , New York ( Robert Ambaras of counsel), for New York State Division of Housing and Community Renewal, respondent.

John D. Gorman , New York, for Public Administrator of the County of New York for the Estate of Hun Siu Chu, John D. Gorman, Eng Kam Li, Wang Ai Yu, Ji De Yang, Jian Qing Han, Alice Jean, John Jean, Duan Liang Chen, Yi Qin Deng, respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, González, Shulman, Rodriguez, JJ.


Petitioner's challenge to the Tenants' eligibility to recover the stipends, and any failure of due process predating the October 17, 2013 order, is barred by res judicata as to the Tenants still living and by collateral estoppel as to the Tenants who died before this Court rendered its decision in the prior article 78 proceeding challenging those orders (Matter of 128 Hester LLC v New York State Div. of Hous. & Community...

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