In re Whitney Museum of American Art

— Motion, insofar as it seeks leave to appeal to the Court of Appeals, denied as academic, and insofar as it seeks reargument the motion is granted, and upon reargument, the order of this court entered on November 5, 1987 (134 AD2d 973) is recalled and vacated, and a new order and the following memorandum decision substituted therefor.

Order and judgment (one paper) of the Supreme Court, New York County (Alfred Ascione, J.), entered March 24, 1987, which dismissed the museum’s CPLR article 78 proceeding to annul an order of the respondent New York State Division of Housing and Community…