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MATTER OF 81ST REALTY CORP. v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 152358/22. Appeal No. 17409. Case No. 2022-04585.

213 A.D.3d 610 (2023)

184 N.Y.S.3d 749

2023 NY Slip Op 01058

In the Matter of 81st Realty Corp., Appellant, v. New York State Division of Housing and Community Renewal, Respondent, et al., Respondent.

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

Decided February 28, 2023.

Attorney(s) appearing for the Case

Emmet, Marvin & Martin, LLP, New York ( John G. Dellaportas of counsel), for appellant.

Mark F. Palomino , Office of Legal Affairs, New York ( Russel Cirincione of counsel), for respondent.

Concur—Kern, J.P., Oing, Kennedy, Mendez, Pitt-Burke, JJ.

Judgment (denominated an order), Supreme Court, New York County (Lynn R. Kotler, J.), entered October 14, 2022, denying landlord's petition to annul a rent-overcharge determination by respondent, New York State Division of Housing and Community Renewal (DHCR), dated January 19, 2022, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner challenges DHCR's exclusion of two potential rent increases in its calculation...

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