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MATTER OF ATM ONE, LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

37 A.D.3d 714 (2007)

831 N.Y.S.2d 436

In the Matter of ATM ONE, LLC, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided February 20, 2007.

Ordered that the judgment is affirmed, with costs.

In reviewing a determination made by an administrative agency such as the New York State Division of Housing and Community Renewal (hereinafter the DHCR), the court's inquiry is limited to whether the determination is arbitrary and capricious, or without a rational basis in the record and a reasonable basis in law (see CPLR 7803 [3]; Matter of Classic Realty v New York State Div. of Hous. & Community...

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