MATTER OF 160 E. 84TH ST. ASSOCIATES LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

Index No. 157576/20. Index No. 153995/20. Index No. 153999/20. Appeal No. 15380-15381-15382. Case No. 2021-00718. 2021-00655. 2021-00644.

202 A.D.3d 610 (2022)

159 N.Y.S.3d 845

2022 NY Slip Op 01229

In the Matter of 160 E. 84th St. Associates LLC, Appellant, v. New York State Division of Housing and Community Renewal, Respondent. In the Matter of 87th Street Sherry Associates LLC, Appellant, v. New York State Division of Housing and Community Renewal, Respondent. In the Matter of 87th Street Sherry Associates LLC, Appellant, v. New York State Division of Housing and Community Renewal, Respondent.

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

Decided February 24, 2022.


Attorney(s) appearing for the Case

Horing Welikson Rosen & Digrugilliers PC, Williston Park ( Jillian N. Bittner of counsel), for 160 E. 84th St. Associates LLC, appellant.

Horing Welikson Rosen & Digrugilliers PC, Williston Park ( Randi B. Gilbert of counsel), for 87th Street Sherry Associates LLC, appellant.

Mark F. Palomino , New York ( Sandra A. Joseph of counsel), for respondent.

Concur—Webber, J.P., Kern, Moulton, González, Mendez, JJ.


DHCR's explanatory addenda and orders denying the petitions for administrative review challenging the addenda are not arbitrary and capricious or affected by an error of law (see CPLR 7803[3]; see generally New York City Health & Hosps. Corp. v McBarnette, 84 N.Y.2d 194, 204 [1994]). The article 78 court correctly rejected petitioners' argument that DHCR's September 2019 addenda...

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