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MATTER OF LOMAGNO v. DIVISION OF HOUSING AND COMMUNITY RENEWAL

38 A.D.3d 897 (2007)

831 N.Y.S.2d 330

In the Matter of ELIO LOMAGNO, Appellant, v. DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided March 27, 2007.

Ordered that the judgment is affirmed, with costs.

The determination that the subject apartments are subject to rent stabilization has a rational basis in the record, and is not arbitrary and capricious or an abuse of discretion (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 231 [1974]; Matter of Clear Holding Co. v State...

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