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MATTER OF SHMUSHKOVICH v. NEW YORK CITY DEPT. OF HOUS. PRESERVATION AND DEV.

2015-04377, Index No. 4047/14.

139 A.D.3d 739 (2016)

29 N.Y.S.3d 187

2016 NY Slip Op 03513

In the Matter of ALEX SHMUSHKOVICH, Appellant, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, Respondent, and LUNA PARK HOUSING CORPORATION, Respondent.

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

Decided May 4, 2016.

Ordered that the judgment is affirmed, with costs.

The finding of the New York City Department of Housing Preservation and Development that the petitioner did not have succession rights to an apartment in a building owned by Luna Park Housing Corporation was not arbitrary and capricious, and had a rational basis in the record (see Matter of Peckham v Calogero, 12 N.Y.3d 424, 431 [2009]). The petitioner failed to

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