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IN THE MATTER OF LILLIAN GOLDMAN FAMILY, LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

12 A.D.3d 161 (2004)

783 N.Y.S.2d 471

In the Matter of LILLIAN GOLDMAN FAMILY, LLC, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and SANDRA J. BIRNHAK, Intervenor-Respondent.

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

November 4, 2004.

The determination as to whether essential building services had been reduced was strictly within respondent's purview (see Matter of ANF Co. v Division of Hous. & Community Renewal, 176 A.D.2d 518, 520 [1991]), and its finding that the elimination of one of the subject building's three elevators constituted a reduction in essential services had a rational basis and was not arbitrary and capricious. Accordingly, a reduction of...

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