MATTER OF 36TH & SECOND TENANTS ASS'N v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL


249 A.D.2d 101 (1998)

670 N.Y.S.2d 106

In the Matter of 36th and Second Tenants Association, Petitioner, v. New York State Division of Housing and Community Renewal, Respondent, and S&M Enterprises, Intervenor-Respondent

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

April 16, 1998


Deferring to the Administrative Law Judge's credibility determinations and resolution of conflicting testimony (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444), the record contains substantial evidence that conditions of harassment no longer exist in the premises, despite some sporadic instances of the furnishing of below-standard services.

We have considered petitioner...

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