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MATTER OF SCHUR v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL

169 A.D.2d 677 (1991)

In the Matter of S. Joel Schur, Doing Business as Jordan Realty, Respondent, v. New York State Division of Housing and Community Renewal, Appellant

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

January 31, 1991

The Commissioner's express reliance upon a second inspection report was, under the circumstances, arbitrary and capricious. The second inspection was conducted some 19 months after the tenant's initial complaint, and some 13 months after an October 1986 inspection, wherein apparently it was determined that insufficient basis existed for the complaint. The Commissioner's argument that the second inspection was a continuation of the...

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