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MATTER OF MONTGOMERY REALTY NY, LLC v. NEW YORK CITY DEPT. OF HOUS. PRESERV. & DEV.

Index No. 100139/19. Appeal No. 11970. Case No. 2020-00828.

187 A.D.3d 443 (2020)

129 N.Y.S.3d 783

2020 NY Slip Op 05457

In the Matter of Montgomery Realty NY, LLC, Appellant, v. New York City Department of Housing Preservation and Development, Respondent.

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

Decided October 6, 2020.

HPD's rejection of petitioner's application for an RPTL 421-a tax exemption as untimely had a rational basis in the record and was not arbitrary and capricious (see Red Apple Child Dev. Ctr. v Chancellor's Bd. of Review, 307 A.D.2d 815, 815-816 [1st Dept 2003]). Petitioner failed to submit such an application within one year of the completion date, as required by RPTL 421-a(16)(o)(i), and HPD rationally concluded that it did not...

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