Matter of 87th St. Sherry Assoc., LLC v New York State Div. of Hous. & Community Renewal
2024 NY Slip Op 06379 [43 NY3d 993]
December 19, 2024
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 25, 2025


@f1 [*1]
In the Matter of 87th Street Sherry Associates, LLC, Appellant,
v
New York State Division of Housing and Community Renewal, Respondent. (Index Nos. 153992/20, 153997/20 and 154002/20.)

Argued November 20, 2024; decided December 19, 2024


PROCEDURAL SUMMARY

Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 13, 2022. The Appellate Division order, insofar as appealed from, affirmed three orders of the Supreme Court, New York County (Eileen A. Rakower, J.; ops 2021 NY Slip Op 34234[U]; 2021 NY Slip Op 34235[U]; 2021 NY Slip Op 34236[U]), entered in three separate proceedings pursuant to CPLR article 78, which had (1) denied the petitions seeking to (a) annul respondent's "Explanatory Addenda" to clarify the terms of previously issued rent-deregulation orders; (b) annul respondent's orders denying the petitions for administrative review challenging the addenda; and (c) reinstate the deregulation orders; and (2) dismissed the proceedings.

Matter of 87th St. Sherry Assoc., LLC v New York State Div. of Hous. & Community Renewal, 209 AD3d 477, affirmed.


HEADNOTE


Landlord and Tenant - Rent Regulation - Housing Stability and Tenant Protection Act's Repeal of Luxury Deregulation - Apartments with Deregulation Orders Prior to Enactment and Leases Not Expiring Until after Effective Date of Repeal

The Appellate Division order affirming the Supreme Court orders that had dismissed three CPLR article 78 proceedings each seeking to annul respondent's "Explanatory Addenda" to clarify the terms of a previously issued rent-deregulation order, annul respondent's order denying the petition for administrative review challenging the addenda, and reinstate the deregulation order, was affirmed (see Matter of 160 E. 84th St. Assoc. LLC v New York State Div. of Hous. & Community Renewal, 43 NY3d 275 [2024]).


APPEARANCES OF COUNSEL

Horing Welikson Rosen & Digrugilliers PC, Williston Park (Jillian N. Bittner of counsel), for appellant.

Letitia James, Attorney General, New York City (Matthew W. Grieco, Barbara D. Underwood and Ester Murdukhayeva of counsel), for respondent.

Belkin Burden Goldman, LLP, New York City (Magda L. Cruz and Jeffrey L. Goldman of counsel), for New York Apartment Association, Inc., amicus curiae.


{**43 NY3d at 993} OPINION OF THE COURT

Order insofar as appealed from affirmed, with costs (see Matter of 160 E. 84th St. Assoc. LLC v New York State Div. of Hous. & Community Renewal, 43 NY3d 275 [2024] [decided today]).

Concur: Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan.