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MATTER OF 58E83 REALTY, LLC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 154642/23, Appeal No. 2116, Case No. 2024-00042.

2024 NY Slip Op 02132

IN THE MATTER OF 58E83 REALTY, LLC, 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 23, 2024.

Attorney(s) appearing for the Case

Law Offices of Martin Eisenberg, White Plains ( Martin Eisenberg of counsel), for appellant.

Mark F. Palomino , General Counsel, New York ( Aida P. Reyes of counsel), for New York State Division of Housing and Community Renewal, respondent.

Edward J. Filemyr IV , New York, for Connie E. Leslie, respondent.

Himmelstein McConnell Gribben & Joseph LLP, New York ( David Hershey-Webb of counsel), for Sylvia G. Asher, respondent.

Before: Manzanet-Daniels, J.P., Kapnick, Kennedy, Higgitt, O'Neill Levy, JJ.

Judgment (denominated an order), Supreme Court, New York County (Lyle E. Frank, J.), entered December 8, 2023, denying the petition to annul a determination of respondent New York State Division of Housing and Community Renewal (DHCR), dated March 24, 2023, which affirmed the denial of petitioner's applications to decline to renew the leases of two tenants and to commence eviction proceedings against those tenants so that petitioner could demolish the building, and dismissing...

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