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IN THE MATTER OF TOCKWOTTEN ASSOCIATES, LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

7 A.D.3d 453 (2004)

777 N.Y.S.2d 465

IN THE MATTER OF TOCKWOTTEN ASSOCIATES, LLC, Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant, and EDY FERGUSON, Intervenor-Appellant.

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

May 27, 2004.

This is an appeal from an IAS court review of an administrative proceeding. The appropriate, well-established standard of judicial review of an administrative determination is whether the determination was arbitrary and capricious or without a rational basis in the administrative record (see Matter of Pell v Board of Educ., 34 N.Y.2d 222, 230-231 [1974]; Greystone Mgt. Corp. v Conciliation & Appeals Bd.,

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