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MATTER OF ZUCKER v. STATE OF N.Y. DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 161481/19. Appeal No. 14787. Case No. 2021-01140.

200 A.D.3d 485 (2021)

155 N.Y.S.3d 69

2021 NY Slip Op 06826

In the Matter of Susan Zucker et al., Appellants, v. State of New York Division of Housing and Community Renewal et al., Respondents.

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

Decided December 7, 2021.

Attorney(s) appearing for the Case

Eugene B. Nathanson , New York, for appellants.

Mark F. Palomino , New York ( Robert Ambaras of counsel), for State of New York Division of Housing and Community Renewal, respondent.

Kim S. Winn & Associates LLP, Brooklyn ( Kim S. Winn of counsel), for Tremada Holdings LLC and West 10th Street Series/Bronstein Properties, respondents.

Concur—Acosta, P.J., Gische, Webber, Friedman, Kennedy, JJ.

Petitioners failed to establish that DHCR's determination was irrational or arbitrary and capricious (see Matter of 333 E. 49th Assoc., LP v New York State Div. of Hous. & Community Renewal, Off. of Rent Admin., 40 A.D.3d 516 [1st Dept 2007], affd 9 N.Y.3d 982 [2007]). When an owner applies to DHCR to reduce or eliminate required services...

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