Opinion
Argued June 1, 1989
Decided June 30, 1989
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Carmen Beauchamp Ciparick, J.
Robert Abrams, Attorney-General (Gerald J. Hurwitz and O. Peter Sherwood of counsel), appellant pro se. Martin P. Mehler for respondents.
Order affirmed, with costs, for the reasons stated in so much of the opinion by Justice Joseph P. Sullivan at the Appellate Division ( 139 A.D.2d 280, 285) as addresses "the crucial issue in this case", which is the sole issue before us on this appeal: "whether the Attorney-General may properly include the sponsor's apartment in the base-denominator count in determining if the 51% tenants' approval requirement of General Business Law § 352-eeee (2) (d) (i) has been met." Certified question answered in the affirmative.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.