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MATTER OF MARINE HOLDINGS, LLC v. NEW YORK CITY COMMN. ON HUMAN RIGHTS

No. 45.

31 N.Y.3d 1045 (2018)

100 N.E.3d 849

76 N.Y.S.3d 510

2018 NY Slip Op 03303

In the Matter of MARINE HOLDINGS, LLC, Doing Business as MARINE TERRACE ASSOCIATES, LLC, et al., Respondents, v. NEW YORK CITY COMMISSION ON HUMAN RIGHTS, Appellant, et al., Respondent.

Court of Appeals of New York.

Decided May 8, 2018.

Attorney(s) appearing for the Case

Zachary W. Carter, Corporation Counsel, New York City (MacKenzie Fillow, Richard Dearing and Devin Slack of counsel), for appellant.

Herrick Feinstein LLP, New York City (Avery S. Mehlman, Jonathan L. Adler and Scott C. Ross of counsel), for respondents.

Jeanette Zelhof, Mobilization for Justice, Inc., New York City (Leah Goodridge of counsel), for Mobilization for Justice, Inc., and others, amici curiae.

Disability Rights New York, Albany (Simeon Goldman and Sara Liss of counsel), for Disability Rights New York, amicus curiae.

Cuti Hecker Wang LLP, New York City (Mariann Meier Wang of counsel), for Cuti Hecker Wang LLP and others, amici curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court reinstated.

In this proceeding pursuant to Administrative Code of the City of New York § 8-123 and CPLR article 78, petitioners challenge a determination of the New York City Commission on Human Rights ordering them to install a wheelchair-accessible entrance to an apartment by converting a window into a doorway...

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