MATTER OF 201 EAST 81ST STREET ASSOCIATES v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL


288 A.D.2d 89 (2001)

733 N.Y.S.2d 23

In the Matter of 201 EAST 81ST STREET ASSOCIATES, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and MITCHELL GOULD, Intervenor-Respondent.

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

Decided November 15, 2001.


Respondent Division of Housing and Community Renewal's (DHCR) determination, largely based on credibility, that most of the claimed improvements were never performed or that the costs thereof were greatly inflated, with petitioner's knowledge, is not arbitrary and capricious. Ample support therefor can be found in the testimony of the tenant and four witnesses, an architect, plumber, electrician and carpenter. They testified that no plumbing or rewiring work was done in areas...

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