Ordered that the judgment is affirmed, with costs.
The determination of the New York State Division of Housing and Community Renewal (hereinafter the DHCR), that the subject apartment was not an owner-occupied cooperative apartment exempt from the Emergency Tenant Protection Act of 1974 pursuant to a resolution of the Common Council of the City of White Plains, was not arbitrary and capricious (see, Matter of 36-08 Queens Realty v New York State Div. of Hous. ...
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