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K.S.L.M.-Columbus Apartments, Inc. v. Higgins

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 1992
181 A.D.2d 639 (N.Y. App. Div. 1992)

Opinion

March 31, 1992

Appeal from the Supreme Court, New York County (William J. Davis, J.).


The regulations in issue were properly upheld by the IAS court as consistent with the Mitchell-Lama Law and promulgated pursuant to defendants' delegated authority under Private Housing Finance Law §§ 32 and 32-a (see, Ostrer v Schenck, 41 N.Y.2d 782). Although the statute does not specifically delineate how defendants may exercise their authority when a housing company seeks to dissolve, defendants properly "fill[ed] in the interstices in the legislative product by prescribing rules and regulations consistent with the enabling legislation" (Matter of Nicholas v Kahn, 47 N.Y.2d 24, 31).

Concur — Carro, J.P., Wallach, Asch and Rubin, JJ.


Summaries of

K.S.L.M.-Columbus Apartments, Inc. v. Higgins

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 1992
181 A.D.2d 639 (N.Y. App. Div. 1992)
Case details for

K.S.L.M.-Columbus Apartments, Inc. v. Higgins

Case Details

Full title:K.S.L.M.-COLUMBUS APARTMENTS, INC., et al., Appellants, v. RICHARD…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 31, 1992

Citations

181 A.D.2d 639 (N.Y. App. Div. 1992)