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MATTER OF M&E CHRISTOPHER LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

37 A.D.3d 162 (2007)

830 N.Y.S.2d 49

In the Matter of M&E CHRISTOPHER LLC, Appellant, 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, First Department.

Decided February 1, 2007.

The determination that the apartments remain subject to rent stabilization had a rational basis in the record (see Matter of AVJ Realty Corp. v New York State Div. of Hous. & Community Renewal, 8 A.D.3d 14 [2004]). Petitioner failed to substantiate its claim that Berlin was an employee who was permitted to live in the apartments rent-free or that the apartments were deregulated due to the occupancy of a deregulated

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