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MATTER OF EXECUTIVE TOWERS AT LIDO, LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

32 A.D.3d 937 (2006)

820 N.Y.S.2d 807

In the Matter of EXECUTIVE TOWERS AT LIDO, LLC, et al., Respondents, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant.

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

September 19, 2006.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly granted the petition to annul, as arbitrary and capricious and without a rational basis in the record and in the law, a determination of the New York State Division of Housing and Community Renewal (hereinafter the DHCR) denying the petitioners' applications to adjust certain initial legal regulated rents pursuant to Emergency Tenant Protection...

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