MATTER OF BROADWAY BRETTON, INC. v. NEW YORK STATE DIVISION OF HOUSSING & COMMUNITY RENEWAL

2338, 100222/14.

146 A.D.3d 406 (2017)

2017 NY Slip Op 00004

45 N.Y.S.3d 26

In the Matter of BROADWAY BRETTON, INC., Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and BRETTON HALL TENANTS ASSOCIATION, Intervenor-Respondent.

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

Decided January 3, 2017.


Under the circumstances of this case, where DHCR concedes that its investigator erred, and petitioner submitted the requested architect's report, albeit tardily, it was arbitrary for DHCR to deny the MCI application (see 305 W. 18 Assoc. v New York State Div. of Hous. & Community Renewal, 158 A.D.2d 377 [1st...

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