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IN RE MATTER OF THE APPLICATION OF 260 PARTNERS, L.P. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

101944/08.

2009 NY Slip Op 31311 (U)

In the Matter of the Application of 260 PARTNERS, L.P. Petitioner, For Judgment Pursuant to Article 78 of the Civil Practice Law and Rules v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent,

Supreme Court, New York County

June 15, 2009.

DECISION and ORDER

SHIRLEY WERNER KORNREICH.

Petitioner, 260 Partners, L.P. (Landlord), brings this Article 78 proceeding seeking to set aside an order issued by respondent, New York State Division of Housing and Community Renewal (DHCR), determining that an apartment was rent stabilized, not deregulated. Respondents oppose.

I. Background

On May 8, 2007, Ashraf Chowdhury (Tenant), filed a complaint with DHCR of rent overcharge, contending...

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