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MATTER OF HILBERTZ v. CITY OF NEW YORK

Nos. 2019-06752, 2019-06753, 2019-06755. Index No. 520815/17.

210 A.D.3d 1089 (2022)

2022 NY Slip Op 06804

In the Matter of Derrick Hilbertz et al., Respondents, v. City of New York et al., Appellants.

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

Decided November 30, 2022.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix, Corporation Counsel, New York, NY (Aaron M. Bloom and Diana Lawless of counsel), for appellants City of New York, New York City Landmarks Preservation Commission, and New York City Housing, Preservation & Development.

FisherBroyles LLP, New York, NY (Christina H. Bost Seaton and Richard B. Cohen of counsel), for appellants Institute for Community Living, Institute for Community Living Real Property Holding Corp., and ICL St. Marks Avenue Apartments, L.P.

Jacqueline McMickens & Associates, PLLC, Brooklyn, NY (Stephen J. Riegel and Phillip A. Solomon of counsel), for respondents.

Connolly, J.P., Maltese, Wooten and Genovesi, JJ., concur.

In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent/defendant New York City Landmarks Preservation Commission dated June 28, 2017, granting an application for a certificate of appropriateness, and action for declaratory relief, the respondents/defendants Institute for Community Living, Institute for Community Living Real Property Holding Corp., and ICL St. Marks Avenue Apartments, L.P., appeal from (1) a judgment of...

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