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171 WEST 57TH STREET OPERATING, LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

38 A.D.3d 245 (2007)

831 N.Y.S.2d 172

171 WEST 57TH STREET OPERATING, LLC, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and WALTER MAIBAUM et al., Intervenors-Respondents-Respondents.

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

Decided March 8, 2007.

The article 78 court found that, since the agency determined in 2002 that the tenants' 2001 income did not exceed the $175,000 threshold and since the 2003 luxury decontrol petition turned in part on whether the tenants' 2001 income exceeded the threshold (see Administrative Code of City of NY § 26-504.1), the 2002 determination was dispositive of the 2003 petition (see Matter of Broadway 95th St. v Division of Hous. & Community Renewal,

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