MATTER OF LONDON TERRACE GARDENS L.P. v. NEW YORK STATE DIVISION OF HOUSING & COMMUNITY RENEWAL

3723, 101546/13.

149 A.D.3d 521 (2017)

2017 NY Slip Op 02907

52 N.Y.S.3d 319

In the Matter of LONDON TERRACE GARDENS L.P., Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

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

Decided April 13, 2017.


The determination is rationally based in the record, and not "arbitrary and capricious" (CPLR 7803 [3]; see Matter of Partnership 92 LP & Bldg. Mgt. Co., Inc. v State of N.Y. Div. of Hous. & Community Renewal, 46 A.D.3d 425, 428 [1st Dept 2007], affd 11 N.Y.3d 859 [2008]). DHCR providently exercised its discretion in declining to accept a late-proffered invoice at the PAR stage,...

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