Cashmere Realty Corp. v. New York City Division of Housing & Community Renewal

OPINION OF THE COURT

Felice K. Shea, J.

This application pursuant to CPLR article 78 raises the spectre of a collision between the determination of an administrative agency and the order of a court.

Petitioner landlord Cashmere Realty Corp. (Cashmere) seeks judicial review of an order by the New York City Division of Housing and Community Renewal (formerly the Conciliation and Appeals Board [CAB]) which requires petitioner to paint the apartment of Salinah Abdullah, who is a residential tenant in a rent-stabilized apartment at 1975 Seventh Avenue, New York, New York.

On September 21, 1983, a…