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MATTER OF 128 SECOND REALTY LLC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 157796/22, Appeal No. 1708, Case No. 2023-04038.

2024 NY Slip Op 00853

IN THE MATTER OF 128 SECOND REALTY LLC, Petitioner-Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Respondent.

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

Decided February 20, 2024.

Attorney(s) appearing for the Case

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

Mark F. Palomino , New York ( Anita Shia of counsel), for respondent.

Before: Webber, J.P., Gesmer, González, Pitt-Burke, Rosado, JJ.

Order and judgment (one paper), Supreme Court, New York County (Lynn R. Kotler, J), entered April 5, 2023, which denied the petition to reverse, annul, and set aside the determination of the New York State Division of Housing and Community Renewal (DHCR), dated July 14, 2022, which denied the petition for administrative review (PAR) seeking to reverse the rent administrator's order, dated August 5, 2021, to the extent it restored rent retroactive to August 1, 2020 rather...

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