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MATTER OF BOYD v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

No. 177 SSM 13

23 N.Y.3d 999 (2014)

16 N.E.3d 1243

992 N.Y.S.2d 764

2014 NY Slip Op 4806

In the Matter of KELLEY S. BOYD, Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Appellants.

Court of Appeals of New York.

Decided June 26, 2014.

Attorney(s) appearing for the Case

Gary R. Connor , General Counsel, New York State Division of Housing and Community Renewal, New York City ( Jack Kuttner of counsel), for New York State Division of Housing and Community Renewal, appellant.

Rappaport, Hertz, Cherson & Rosenthal, PC., Forest Hills ( David I. Paul and Jeffrey M. Steinitz of counsel), for 232/242 Realty Co. LLC and others, appellants.

Northern Manhattan Improvement Corporation Legal Services, New York City ( Kenneth N Rosenfeld and Matthew J. Chachére of counsel), for respondent.

South Brooklyn Legal Services, Brooklyn ( Edward Josephson of counsel) and Adriene Holder , The Legal Aid Society, New York City ( Ellen Davidson of counsel), for Association for Neighborhood and Housing Development and others, amici curiae.

Justin R. La Mort , Brooklyn, and Madeline La Forgia , for CAMBA Legal Services, Inc., amicus curiae.

Himmelstein, McConnell, Gribben, Donoghue & Joseph, New York City ( Ronald S. Languedoc of counsel), for Bill Perkins and another, amici curiae.

Adele Bartlett, Deputy General Counsel, Office of Manhattan Borough President, New York City, and Chaumtoli Huq , General Counsel for Litigation, Office of New York City Public Advocate, for Letitia James and others, amici curiae.

Concur: Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, judgment of Supreme Court, New York County, reinstated, and certified question answered in the negative. New York State Division of Housing and Community Renewal's determination denying tenant's petition for administrative review was not arbitrary or capricious, as tenant failed to set forth sufficient indicia...

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