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eBook details

• Title: Greichel v. Division of Housing And Community Renewal
• Author : New York County Supreme Court
• Release Date : January 28, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

Petitioner Libov Shmidt Greichel ("Mrs. Greichel") and Jakov Greishel ("Mr. Greichel") were married on June 26, 2000. Mr. Greichel lived at 444 Neptune Avenue, Apartment 11-0, Brooklyn, New York 11224 ("the subject apartment") for many years until his death in August 2003. The subject apartment is located in a housing development owned by Trump Village Section 3, Inc. ("Trump Village"). Following his death, Mrs. Greichel applied to succeed her husbands lease by letter dated October 8, 2003. By letter dated January 9, 2004, Trump Village denied Mrs. Greichels request for succession because she "did not co-occupy the Apartment for the requisite two year period and was not listed as a resident on the Tenants income affidavits" (January 9, 2004 Letter, para. 3). Mrs. Greichel filed an administrative appeal to the respondent New York State Division of Housing and Community Renewal ("DHCR") on February 6, 2004. Trump Village did not submit any opposition. On October 4, 2004, the DHCR issued an Order Denying Appeal, which affirmed the denial of succession rights to Mrs. Greichel ("DHCR Order"). Mrs. Greichel then commenced the instant Article 78 proceeding to challenge the determination of the DHCR Order as arbitrary and capricious and contrary to the facts and evidence presented. Mrs. Greichel also alleges that Trump Village failed to timely issue its decision which should result in vacatur of its denial. DHCR cross-moves to dismiss the petition.

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