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IN THE MATTER OF VARIOUS TENANTS OF 123 GUERNSEY STREET v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

19 A.D.3d 503 (2005)

796 N.Y.S.2d 256

In the Matter of VARIOUS TENANTS OF 123 GUERNSEY STREET et al., Appellants, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

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

June 13, 2005.

Ordered that the judgment is affirmed, with one bill of costs.

The Supreme Court properly, in effect, confirmed the determination of the New York State Division of Housing and Community Renewal, denied the petition, and dismissed the proceeding, as the determination had a rational basis, and was not arbitrary or capricious (see Emergency Tenant Protection Act of 1974 [L 1974, ch 576, § 4, as amended] § 5 [a] [5] [McKinney's Uncons Laws of NY §...

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