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Matter of Ynkrs. Gardens v. St. Hous. Com. Renewal

Court of Appeals of the State of New York
Nov 18, 1980
51 N.Y.2d 966 (N.Y. 1980)

Opinion

Argued October 15, 1980

Decided November 18, 1980

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALVIN R. RUSKIN, J.

William A. Zutt for appellant.

Martin A. Shlufman and Harold Zucker for respondents.

Gary M. Rosenberg for Apartment House Council of Long Island Builders Institute, amicus curiae.


MEMORANDUM.

Determination appealed from and order of the Appellate Division brought up for review affirmed, with costs. Petitioner failed to raise before the Division of Housing and Community Renewal the issues he now argues on appeal. These arguments concerning the receipts included in petitioner's income by the division for purposes of computing a hardship rental increase under the Emergency Tenant Protection Act of 1974 (L 1974, ch 576), and the division's calculation of such an increase, may not be raised for the first time before the courts in an article 78 proceeding (see Matter of Tipon v Appeals Bd. of Dept. of Motor Vehicles, 52 A.D.2d 1065; Matter of Lewis v Village Bd. of Trustees of Vil. of Scotia, 48 A.D.2d 952; cf. Matter of Levine v New York State Liq. Auth., 23 N.Y.2d 863).

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum; Judge MEYER taking no part.

Determination affirmed, etc.


Summaries of

Matter of Ynkrs. Gardens v. St. Hous. Com. Renewal

Court of Appeals of the State of New York
Nov 18, 1980
51 N.Y.2d 966 (N.Y. 1980)
Case details for

Matter of Ynkrs. Gardens v. St. Hous. Com. Renewal

Case Details

Full title:In the Matter of YONKERS GARDENS COMPANY, Appellant, v. STATE OF NEW YORK…

Court:Court of Appeals of the State of New York

Date published: Nov 18, 1980

Citations

51 N.Y.2d 966 (N.Y. 1980)
435 N.Y.S.2d 706
416 N.E.2d 1041

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