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MATTER OF KRELOFF v. NEW YORK STATE DIV. OF HOMES & COMMUNITY RENEWAL

Index No. 160327/17. Appeal No. 13151. Case No. 2019-4746.

191 A.D.3d 531 (2021)

138 N.Y.S.3d 333

2021 NY Slip Op 00999

In the Matter of Wendy Kreloff, Appellant, v. New York State Division of Homes and Community Renewal et al., Respondents.

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

Decided February 16, 2021.

Attorney(s) appearing for the Case

Bierman & Associates, New York ( Mark H. Bierman of counsel), for appellant.

Mark F. Palomino , New York State Division of Housing and Community Renewal, New York ( Martin B. Schneider of counsel), for New York State Division of Housing and Community Renewal, respondent.

Lazarus Karp LLP, New York ( Charles J. Seigel of counsel), for Park Avenue South LLC, respondent.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Kennedy, JJ.

DHCR's determination was not arbitrary and capricious (see generally 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 [1974]). Though Supreme Court, in a previous CPLR article 78 proceeding, found sufficient indicia of a fraudulent scheme to require DHCR to consider the rental history beyond the applicable four-year lookback...

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