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

— Motion by the appellant for reargument of an appeal from a judgment of the Supreme Court, Queens County (Cerrado, J.), dated August 17, 1987, which was decided by decision and order of this court dated July 25, 1988.

Ordered that the motion is granted, the decision and order of this court dated July 25, 1988 is recalled and vacated, and the following decision and order is substituted therefor:

In a proceeding pursuant to CPLR article 78 converted into an action for judgment declaring that 9 NYCRR 2522.4 (a) in its entirety and so much of 9 NYCRR 2524.3 (b) as reads: "the tenant engages in a…