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MATTER OF WOLK PROPERTIES, LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

4403, 101008/10.

82 A.D.3d 428 (2011)

918 N.Y.S.2d 874

In the Matter of WOLK PROPERTIES, LLC, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent. 740 WEST END AVENUE TENANTS ASSOCIATION, Intervenor-Respondent.

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

Decided March 3, 2011.

The determination was not arbitrary and capricious and was rationally based on the record (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 370 Manhattan Ave. Co., L.L.C. v New York State Div. of Hous. & Community Renewal, 11 A.D.3d 370, 372 [2004]). Petitioner...

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