Benjamin Shapiro Realty Co. v. New York State Division of Housing & Community Renewal

Judgment, Supreme Court, New York County (Walter Tolub, J.), entered April 22, 2002, which denied petitioner owner’s application to annul respondent Division of Housing and Community Renewal’s (DHCR) determination reclassifying petitioner’s building from a hotel to an apartment building, found that respondent did not determine whether such reclassification can be applied retroactively, and dismissed the petition without prejudice to revisiting the issue of retroactivity, unanimously modified, on the law, to find that respondent did determine that the reclassification can be applied…