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MATTER OF DECOCK v. STATE OF N.Y. DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 160585/22, Appeal No. 2027, Case No. 2023-01652.

2024 NY Slip Op 01983

IN THE MATTER OF GERALD DECOCK, Petitioner-Appellant, v. STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL, ET AL., Respondents-Respondents.

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

Decided April 11, 2024.

Attorney(s) appearing for the Case

Leon I. Behar, P.C., New York ( Mitchell P. Heaney of counsel), for appellant.

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

Kasowitz Benson Torres LLP, New York ( Jill L. Forster of counsel), for Chelsea Hotel Owner LLC, respondent.

Before: Manzanet-Daniels, J.P., Gesmer, Shulman, Higgitt, Rosado, JJ.

Judgment, Supreme Court, New York County (Arlene P. Bluth, J.), entered on or about March 27, 2023, denying the petition to annul an October 14, 2022 determination of respondent New York State Division of Housing and Community Renewal (DHCR), which affirmed a decision of the Rent Administrator and concluded that unit 1014 in respondent Chelsea Hotel Owner LLC's building was not subject to the Rent Stabilization Law or Code, and dismissing the proceeding brought pursuant to...

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