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

225 A.D.2d 451 (1996)

639 N.Y.S.2d 691

In the Matter of Emilia Garcia, Respondent, v. New York State Division of Housing and Community Renewal, Respondent, and West Bank Realty, Intervenor-Appellant

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

March 21, 1996

Contrary to the IAS Court, we find that the determination of respondent New York State Division of Housing and Community Renewal ("DHCR") was not based on an error of law. Inasmuch as petitioner had entered into a court-ordered stipulation in Civil Court which entitled her to a tenancy of the subject apartment at a rent of $550 per month, her argument that the stipulation was invalid and must be vacated should properly have been...

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