MATTER OF GASSANA v. NEW YORK STATE DEPARTMENT OF HOUSING & COMMUNITY RENEWAL

Index No. 453875/21, Appeal No. 2130, Case No. 2023-03895.

2024 NY Slip Op 02254

IN THE MATTER OF MALANG GASSANA, Petitioner-Appellant, v. THE NEW YORK STATE DEPARTMENT OF HOUSING AND COMMUNITY RENEWAL ET AL., Respondents-Respondents.

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

Decided April 25, 2024.


Attorney(s) appearing for the Case

The Legal Aid Society, New York ( David Singer of counsel), for appellant.

Mark F. Palomino , New York ( Sandra A. Joseph of counsel), for The New York State Department of Housing and Community Renewal and Woody Pascal, respondents.

Rose & Rose, New York ( Paul Coppe of counsel), for West 152 Associates, L.P., respondent.

Before: Webber, J.P., Friedman, González, Rosado, Michael, JJ.


Order, Supreme Court, New York County (Laurence L. Love, J.), entered July 11, 2023, which, upon renewal, adhered to its prior judgment denying the petition to annul the October 12, 2021 determination of respondent agency (DHCR) that there were no rent overcharges as arbitrary and capricious and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Supreme Court properly held that DHCR's determination was not arbitrary...

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