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MATTER OF SMITH v. DONOVAN

61 A.D.3d 505 (2009)

878 N.Y.S.2d 675

In the Matter of JAMES SMITH et al., Respondents, v. SHAUN DONOVAN, as Commissioner of the Department of Housing Preservation and Development, Appellant.

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

Decided April 16, 2009.

The 12 petitioners occupied shared rooms in a two-story multiple dwelling located in the Bronx. The building contains apartments on the first and second floors, each of which has four bedrooms, a kitchen, bathroom, and living room. In addition, the basement was converted into an apartment with two rooms, a kitchen, and a bathroom.

Petitioners moved into the building at various times between April 2007 and December 2007....

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