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MATTER OF SCHNALL v. LYNCH

294 A.D.2d 180 (2002)

741 N.Y.S.2d 684

In the Matter of HARLEY SCHNALL, Appellant, v. JOSEPH LYNCH et al., Respondents.

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

Decided May 14, 2002.

Inasmuch as respondent DHCR's determination to treat petitioner tenant's excessive rent claim as a fair market rent appeal rather than one to recover for an illegal rent overcharge was rationally based and thus not subject to judicial disturbance (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222, 231; Greystone Mgt. Corp. v Conciliation & Appeals Bd., 94 A.D.2d 614, 616-617, affd...

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