MATTER OF 2010 POWELL, LLC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 802395/21E Appeal No. 17263 Case No. 2022-00302.

213 A.D.3d 595 (2023)

184 N.Y.S.3d 747

2023 NY Slip Op 01043

In the Matter of 2010 Powell, LLC, Appellant, v. New York State Division of Housing and Community Renewal, Respondent.

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

Decided February 23, 2023.


Attorney(s) appearing for the Case

Kucker Marino Winiarsky & Bittens, LLP, New York ( Nativ Winiarsky of counsel), for appellant.

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

Concur—Renwick, J.P., Gesmer, Moulton, Kennedy, Mendez, JJ.


Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered on or about December 13, 2021, which denied the petition to annul a determination of respondent New York State Division of Housing and Community Renewal (DHCR), dated December 30, 2020, denying petitioner's application to vacate the rent reduction previously granted to its tenant, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Respondent's rent...

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