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MATTER OF McMURRAY v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL

72 N.Y.2d 1022 (1988)

In the Matter of Frank McMurray, Respondent, v. New York State Division of Housing and Community Renewal et al., Respondents, and George Wild et al., Appellants.

Court of Appeals of the State of New York.

Decided October 25, 1988.

Attorney(s) appearing for the Case

Andrew S. Fisher for appellant.

Daniel E. Konig and Dennis Hasher for New York State Division of Housing and Community Renewal, respondent.

Robert J. Kaplan for Frank McMurray, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Notwithstanding the validity of the certificate of eviction issued by respondent Division of Housing and Community Renewal (DHCR), we conclude that Supreme Court improperly tolled the running of the 20-year period. Chapter 234 of the Laws of 1984 defines a landlord's right to evict tenants occupying rent-controlled apartments (Administrative Code...

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