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1 BK STREET CORP. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

302 A.D.2d 263 (2003)

756 N.Y.S.2d 156

1 BK STREET CORP., Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant.

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

Decided February 20, 2003.

It is well established that where, as here, an administrative agency's determination has a rational basis, and is supported by evidence in the record, it must be affirmed (see e.g. Matter of Pell v Board of Educ., 34 N.Y.2d 222, 230). Contrary to the findings of Supreme Court, we find that the determination of the New York State Division of Housing and Community Renewal (DHCR) to process the tenant's "rent overcharge complaint" as...

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