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MATTER OF BRUSCO WEST 78TH STREET ASSOCIATES v. STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL

281 A.D.2d 165 (2001)

721 N.Y.S.2d 232

In the Matter of BRUSCO WEST 78TH STREET ASSOCIATES, Appellant, v. STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided March 1, 2001.

The record shows that respondent did consider all of the items of proof offered by petitioner bearing upon its correction of Code violations, including letters from tenants "indicating violation removal," as invited in respondent's forms, but found the proof insufficient to show correction of all rent impairing violations and at least 80% of all other violations (Administrative Code of City of NY § 26-405 [h] [6]; 9 NYCRR 2202.3 [h]). This finding was not irrational...

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