Matter of Ziman v. St. Div. of H C Renewal

Full title: In the Matter of JERROLD D. ZIMAN et al., Respondents, v. NEW YORK STATE…

Court: Court of Appeals of the State of New York

Date published: May 31, 1990

76 N.Y.2d 727 (N.Y. 1990)

557 N.Y.S.2d 876

557 N.E.2d 112

Opinion

Argued April 26, 1990

Decided May 31, 1990

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Dennis Edwards, J.

Richard Hartzman and Dennis Hasher for appellant.

John H. Teschner for intervenors-appellants.

Sam Kazman and Bruce Levinson for respondents.

Martin J. Heistein and Andrew Schepard for Rent Stabilization Association of New York City, Inc., amicus curiae. Carol S. Keenan, Ronald A. Zumbrun, Edward J. Connor, Jr., and R.S. Radford for Pacific Legal Foundation, amicus curiae.

Order affirmed, with costs, for reasons stated in the memorandum of the Appellate Division ( 153 A.D.2d 489). We add only that, in view of the unrefuted evidence of hardship, including two unchallenged audit reports prepared by DHCR's own Accounting Division, it was not improper for the Appellate Division to remit the matter to DHCR with instructions to grant the petition.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.