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STATE v. FASHION PLACE ASSOCS.

224 A.D.2d 280 (1996)

638 N.Y.S.2d 26

State of New York, Respondent, and Claire Ehrlich et al., Intervenors-Respondents, v. Fashion Place Associates et al., Appellant. (Action No. 1.) In the Matter of Fashion Place Associates, Appellant, v. New York City Department of Housing Preservation and Development, Respondent, and Claire Ehrlich et al., Intervenors-Respondents. (Action No. 2.)

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

February 15, 1996

In these consolidated actions under the Martin Act and CPLR article 78, the IAS Court properly determined that the declaratory ruling by HPD that the Sponsor was prohibited from terminating its tenants' rent stabilization status in the subject building by unilaterally waiving J-51 real property tax benefits and exemptions with respect to post-1985 tenancies was not arbitrary and capricious (Matter of Hill v Perales,

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