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MATTER OF PICKHOLZ v. NEW YORK CITY DEPT. OF HOUSING PRESERVATION & DEVELOPMENT

9548, 100014/17.

173 A.D.3d 444 (2019)

100 N.Y.S.3d 510

2019 NY Slip Op 04468

In the Matter of Ruth Pickholz, Appellant, v. New York City Department of Housing Preservation & Development, Respondent.

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

Decided June 6, 2019.

HPD's denial of petitioner's application for succession rights to a Mitchell-Lama apartment has a rational basis and is not arbitrary and capricious (see CPLR 7803[3]; 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]). Petitioner, a senior citizen whose sister was the tenant...

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