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MATTER OF COZZOLINO v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 161368/20. Appeal No. 15724. Case No. 2021-03118.

204 A.D.3d 494 (2022)

164 N.Y.S.3d 449

2022 NY Slip Op 02491

In the Matter of Blaise Cozzolino, Respondent, v. New York State Division of Housing and Community Renewal, Respondent, and Trump Park Avenue LLC et al., Intervenors-Appellants.

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

Decided April 14, 2022.

Attorney(s) appearing for the Case

Belkin, Burden, Goldman, LLP, New York (Magda L. Cruz, of counsel) for appellants.

Grimble & LoGuidice, LLP, New York (Robert Grimble, of counsel) for Blaise Cozzolino, respondent.

Mark F. Palomino, New York (Anita Shia of counsel), for The New York State Division of Housing and Community Renewal, respondent.

Concur—Acosta, P.J., Kern, González, Shulman, JJ.

Supreme Court correctly found, and DHCR conceded, that the determination was affected by an error of law (CPLR 7803[3]; see Matter of Zelig v State of New York Div. of Hous. & Community Renewal, 189 A.D.3d 657, 659 [1st Dept 2020], appeal dismissed 36 N.Y.3d 1079 [2021] [motion to remand is concession of error]). The denial was based solely on the absence of intermingled finances, even though "no single factor

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