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MATTER OF CONCERNED TENANTS OF 823 PARK AVENUE v. SALBERG

284 A.D.2d 276 (2001)

727 N.Y.S.2d 425

In the Matter of CONCERNED TENANTS OF 823 PARK AVENUE, Respondent, v. MARCIA SALBERG et al., Respondents, NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant, and ROBERT MANOCHERIAN, Intervenor-Respondent-Appellant.

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

Decided June 28, 2001.

While the IAS court had subject matter jurisdiction to entertain the tenants' petition (CPLR 2308 [b]), it improperly granted the portion of the petition directing the witness, Marcia Salberg, to appear and testify at the administrative hearing. The audit was not the sine qua non of the proceeding. At issue was whether the owner could earn the required net annual return and whether the submitted economic data were reasonable...

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