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MATTER OF 118 DUANE LLC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 158893/18. Appeal No. 17030. Case No. 2022-00270.

212 A.D.3d 401 (2023)

179 N.Y.S.3d 567

2023 NY Slip Op 00023

In the Matter of 118 Duane LLC, Appellant-Respondent, v. New York State Division of Housing and Community Renewal, Respondent, and Jim Farmer et al., Respondents-Appellants, et al., Respondents.

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

Decided January 5, 2023.

Attorney(s) appearing for the Case

Kucker Marino Winiarsky & Bittens, LLP, New York ( Joseph Goldsmith of counsel), for appellant-respondent.

David Rozenholc & Associates, New York ( David Rozenholc of counsel), for respondents-appellants.

Mark F. Palomino , New York State Division of Housing and Community Renewal, New York ( Jeffrey G. Kelly of counsel), for respondent.

Concur— Renwick, J.P., Gesmer, Kennedy, Scarpulla, Pitt-Burke, JJ.

Order and judgment (one paper), Supreme Court, New York County (Debra A. James, J.), entered on or about December 21, 2021, which granted the petition to the extent of annulling a determination of respondent New York State Division of Housing and Community Renewal (DHCR), dated July 31, 2018, which found that petitioner's proposal did not constitute demolition, and otherwise denied the petition which sought, among other things, to annul DHCR's determination affirming the...

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