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MATTER OF 4040 BA LLC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 814423/21. Appeal No. 1012. Case No. 2022-03186.

221 A.D.3d 440 (2023)

198 N.Y.S.3d 69

2023 NY Slip Op 05674

In the Matter of 4040 BA LLC, Appellant, v. New York State Division of Housing and Community Renewal, Respondent.

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

Decided November 14, 2023.

Attorney(s) appearing for the Case

Horing Welikson Rosen & Digrugilliers, PC, Williston Park (Randi B. Gilbert of counsel), for appellant.

Letitia James, Attorney General, New York (Kwame N. Akosah of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, Scarpulla, Rodriguez, Higgitt, JJ.

Judgment, Supreme Court, Bronx County (Elizabeth A. Taylor, J.), entered July 13, 2022, denying the petition to annul an order of respondent New York State Division of Housing and Community Renewal (DHCR), dated August 25, 2021, which denied petitioner's challenge to a December 18, 2019 order of the Rent Administrator which partially denied its application for a rent increase based on the installation of a major capital improvement (MCI), and seeking an order remitting the...

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