Fishel v. New York City Conciliation & Appeals Board

OPINION OF THE COURT

Leonard Scholnick, J.

This is a CPLR article 78 proceeding in which the petitioner owner of a building containing rent-stabilized apartments seeks in effect review of an order issued by the Conciliation and Appeals Board (Board) which directed the owner to offer the tenant a renewal lease on the same terms and conditions as the tenant’s previous leases. The proceeding is improperly labeled “declaratory judgment”. The facts are not in dispute.

Petitioner is a member of the Rent Stabilization Association. Emma Walker is a tenant in apartment No. 5F of a rent-stabilized…