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MATTER OF FRIEDMAN v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

60 A.D.3d 541 (2009)

___ N.Y.S.2d ___

In the Matter of KENNETH FRIEDMAN, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

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

Decided March 24, 2009.

There exists no basis to disturb DHCR's credibility-based finding that petitioner failed to establish that his predecessor timely tendered a renewal lease to the tenant in 2005, or that the tenant had not made a conscious decision about the commencement date of the untimely renewal offered (see e.g. Matter of 201 E. 81st St. Assoc. v New York State Div. of Hous. & Community Renewal, 288 A.D.2d...

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