MATTER OF TARKINGTON v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 151772/22. Appeal No. 10. Case No. 2022-04202.

215 A.D.3d 465 (2023)

185 N.Y.S.3d 678

2023 NY Slip Op 01877

In the Matter of Patricia Tarkington, Appellant, v. New York State Division of Housing and Community Renewal et al., Respondents.

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

Decided April 11, 2023.


Attorney(s) appearing for the Case

Himmelstein McConnell Gribben & Joseph LLP, New York ( Jesse Gribben of counsel), for appellant.

Mark F. Palomino , New York ( Sandra A. Joseph of counsel), for New York State Division of Housing and Community Renewal, respondent.

Rosenberg & Estis, P.C., New York ( Justin S. Weitzman of counsel), for 44 Street Development LLC, respondent.

Concur—Webber, J.P., Oing, Singh, González, Mendez, JJ.


Order and judgment (one paper) of the Supreme Court, New York County (Lyle E. Frank, J.), entered September 8, 2022, which denied the petition to annul the December 29, 2021 determination of respondent agency (DHCR) finding that it did not have jurisdiction to consider whether respondent owner failed to proffer a renewal lease on the same terms and conditions where the owner sought to terminate a utility allowance that had previously reduced the preferential rent, and dismissed...

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