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MATTER OF FLORES-TULLY v. CITY OF NEW YORK DEPT. OF HOUS. PRESERV. & DEV.

70 A.D.3d 823 (2010)

894 N.Y.S.2d 506

In the Matter of NELLY FLORES-TULLY, Appellant, v. CITY OF NEW YORK DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT et al., Respondents.

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

Decided February 9, 2010.

Ordered that the judgment is affirmed, with one bill of costs.

Contrary to the petitioner's contention, the determination that she did not have succession rights to apartment 4-M (hereinafter the subject apartment), in the building owned by the respondent Dayton Towers Corporation (hereinafter Dayton), was not arbitrary and capricious and had a rational basis (see generally Matter of Peckham v Calogero, 12 N.Y.3d 424, 431...

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