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MATTER OF SCHOBERLE v. NEW YORK STATE DIVISION OF HOUSING

14 A.D.3d 438 (2005)

788 N.Y.S.2d 361

In the Matter of CECILE SCHOBERLE, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and 235 WEST 71ST STREET, LLC, Intervenor-Respondent.

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

January 25, 2005.

The determination that removal of storage space by intervenor-respondent was de minimis and did not support a rent decrease is in full accord with applicable law, was neither arbitrary nor capricious, and had a rational basis in the record (see Fresh Meadows Assoc. v Conciliation & Appeals Bd., 88 Misc.2d 1003 [1976], affd 55 A.D.2d 559 [1976], affd 42 N.Y...

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