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Garcia v. New York State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York, First Department
Mar 21, 1996
225 A.D.2d 451 (N.Y. App. Div. 1996)

Opinion

March 21, 1996

Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).


Contrary to the IAS Court, we find that the determination of respondent New York State Division of Housing and Community Renewal ("DHCR") was not based on an error of law. Inasmuch as petitioner had entered into a court-ordered stipulation in Civil Court which entitled her to a tenancy of the subject apartment at a rent of $550 per month, her argument that the stipulation was invalid and must be vacated should properly have been made to Civil Court and not to DHCR ( see, Matter of Matinzi v Joy, 60 N.Y.2d 835, 836-837).

Concur — Sullivan, J.P., Ellerin, Nardelli and Williams, JJ.


Summaries of

Garcia v. New York State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York, First Department
Mar 21, 1996
225 A.D.2d 451 (N.Y. App. Div. 1996)
Case details for

Garcia v. New York State Division of Housing & Community Renewal

Case Details

Full title:In the Matter of EMILIA GARCIA, Respondent, v. NEW YORK STATE DIVISION OF…

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

Date published: Mar 21, 1996

Citations

225 A.D.2d 451 (N.Y. App. Div. 1996)
639 N.Y.S.2d 691

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