Harding v. Engle

OPINION OF THE COURT

Memorandum.

*631Order insofar as appealed from unanimously reversed without costs, petitioner’s motion for summary judgment granted, and respondents’ cross motion for summary judgment to dismiss the petition denied.

Resolution of the issue in this proceeding requires an interpretation of a 1992 local resolution adopted by the White Plains Common Council (hereinafter Council) concerning the removal of owner-occupied condominium and cooperative units from regulation under the Emergency Tenant Protection Act (ETPA). The resolution was passed in response to a 1974 declaration of the…