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

10651. 150814/18.

178 A.D.3d 617 (2019)

116 N.Y.S.3d 30

2019 NY Slip Op 09372

In the Matter of Georgia Malone, Appellant, v. New York State Division of Housing and Community Renewal, Respondent, and Trafalgar Company, Intervenor-Respondent.

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

Decided December 26, 2019.

Attorney(s) appearing for the Case

Fischman & Fischman, New York ( Doreen J. Fischman of counsel), for appellant.

Mark F. Palomino , New York ( Sandra A. Joseph of counsel), for New York State Division of Housing and Community Renewal, respondent.

Kucker & Bruh, LLP, New York ( Daniel Gewirtz of counsel), for Trafalgar Company, respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Oing, Singh, González, JJ.

DHCR's determination that petitioner's apartments are not subject to rent stabilization has a rational basis in the record (see Matter of Peckham v Calogero, 12 N.Y.3d 424, 431 [2009]), from which DHCR concluded that the apartments were deregulated in 1995 due to high-rent vacancy, pursuant to former Administrative Code of City of NY § 26-504.2, and that the base date rents were not unreliable (see Administrative Code...

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