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MATTER OF HLV ASSOCS. v. APONTE

223 A.D.2d 362 (1996)

636 N.Y.S.2d 52

In the Matter of HLV Associates, Respondent, v. Angelo J. Aponte, Appellant

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

January 4, 1996

The IAS Court did not err by considering the issue of whether the "primary use" exemption to the Rent Stabilization Code (9 NYCRR 2520.6 [r] [4] [x]) was applicable here.

An article 78 proceeding is limited to consideration of the evidence and arguments raised before the agency when the administrative determination was rendered and "[t]he function of the court * * * is to determine * * * whether the determination had a rational...

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