ARBOR HILL v. DIV OF HOUS.


120 Misc.2d 549 (1983)

Arbor Hill Partners, Petitioner, v. New York State Division of Housing and Community Renewal et al., Respondents.

Supreme Court, Special Term, Albany County.

August 16, 1983


Attorney(s) appearing for the Case

Mackenzie, Smith, Lewis, Michell & Hughes for petitioner. Robert Abrams, Attorney-General (Judith I. Ratner of counsel), for respondents.


CON. G. CHOLAKIS, J.

The determination placed in issue by this CPLR article 78 proceeding is found to have been contrary to the meaning and intent of the controlling statute and is further found to be so unreasonable as to be arbitrary. Accordingly, the subject determination is annulled and the matter remanded to the respondents for purposes of redetermination.

The petitioner is a limited-profit housing company organized and existing pursuant...

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