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MATTER OF 475 KENT OWNER, LLC v. NEW YORK CITY LOFT BD.

Index No. 152193/21, Appeal No. 16063, Case No. 2021-03899.

206 A.D.3d 401 (2022)

170 N.Y.S.3d 27

2022 NY Slip Op 03568

In the Matter of 475 Kent Owner, LLC, Appellant, v. New York City Loft Board et al., Respondents.

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

Decided June 2, 2022.

Attorney(s) appearing for the Case

Rosenberg & Estis, P.C., New York ( Jeffrey Turkel of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Amy McCamphill of counsel), for New York City Loft Board, respondent.

Ween & Kozek, PLLC, Brooklyn ( Michael P. Kozek of counsel), for Rune Knudsen, respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Shulman, Rodriguez, Higgitt, JJ.

Because the petition raised an issue of substantial evidence, it should have been transferred to this Court (CPLR 7804[g]; Matter of Crawford v Brezenhoff, 187 A.D.3d 598, 598 [1st Dept 2020]). We will treat it as though it had been transferred and dispose of all the issues.

The Loft Board's determination was not affected by an error of law (see CPLR 7803[3]) insofar as it ruled that, for purposes of his application for protected tenancy status (see...

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