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MATTER OF SP 141 E 33 LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

6641, 111227/10

91 A.D.3d 575 (2012)

937 N.Y.S.2d 220

2012 NY Slip Op 642

In the Matter of SP 141 E 33 LLC, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents. COMMUNITY HOUSING IMPROVEMENT PROGRAM, Amicus Curiae.

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

Decided January 31, 2012.

DHCR's determination to revoke petitioner's MCI rent increase was rationally based in the record and was not arbitrary and capricious (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

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