Shubert v. New York City Conciliation & Appeals Board

OPINION OF THE COURT

Edward J. Greenfield, J.

In this CPLR article 78 proceeding, petitioner, the owner of a rent-stabilized apartment building, challenges an opinion and a compliance order rendered by the Conciliation and Appeals Board (CAB) on the ground that the agency acted in excess of its jurisdiction.

In March 1983 petitioner filed an application with the CAB for permission to withhold a renewal lease for apartment 10 at 233 East 60th Street in Manhattan on the ground that the apartment was not the tenant’s primary residence. On September 29,1983, the CAB issued an opinion which stated,…