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MATTER OF 620 WEST 182ND ST. HGTS. ASSOC., LLC v. DEPARTMENT OF HOUSING PRESERVATION & DEV.

163136/15, 3770, 3769.

149 A.D.3d 558 (2017)

2017 NY Slip Op 02952

52 N.Y.S.3d 337

In the Matter of 620 WEST 182ND ST. HEIGHTS ASSOCIATES, LLC, Appellant, v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK, Respondent.

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

Decided April 18, 2017.

Respondent's AEP Order, as clarified by its February 2016 letter specifying the scope of the work required to remove violations of the Housing Maintenance Code, was not arbitrary and capricious, and had a rational basis (see Matter of Peckham v Calogero, 12 N.Y.3d 424, 431 [2009]). Respondent's construction project manager rationally concluded that the floor joists in certain apartments in the building, the entire water supply lines...

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