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MATTER OF 5400 CO. v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 800315/23, Appeal No. 2256, Case No. 2023-04702.

2024 NY Slip Op 02581

IN THE MATTER OF 5400 COMPANY, Petitioner-Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Respondent. 5400 FIELDSTON ROAD ASSOCIATION, Intervenor-Respondent.

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

Decided May 9, 2024.

Attorney(s) appearing for the Case

Sidrane, Schwartz-Sidrane, Perinbasekar & Littman, LLP, Rockville Centre ( Arun Perinbasekar of counsel), for appellant.

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

Collins, Dobkin & Miller, LLP, New York ( Seth A. Miller of counsel), for 5400 Fieldston Road Association, respondent.

Before: Manzanet-Daniels, J.P., Kapnick, Gesmer, Rodriguez, JJ.

Order and judgment (one paper), Supreme Court, Bronx County (Paul L. Alpert, J.), entered July 5, 2023, denying the petition to annul the determination of the New York State Division of Housing and Community Renewal (DHCR), dated November 7, 2022, which affirmed the Rent Administrator's order finding that a parking garage in a building was commonly owned and therefore subject to the Rent Stabilization Law and Rent Stabilization Code, unanimously affirmed, without costs.<...

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