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MATTER OF 601 WEST REALTY, L. L. C. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

284 A.D.2d 135 (2001)

725 N.Y.S.2d 847

In the Matter of 601 WEST REALTY, L. L. C., Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided June 7, 2001.

The Commissioner's order denying petitioner landlord's rent restoration application upon finding extant elevator violations in petitioner's building has a rational basis and is not arbitrary and capricious. Accordingly, it may not be judicially disturbed (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222, 230-231; Greystone Mgt. Corp. v Conciliation & Appeals Bd., 94 A.D.2d 614, 617...

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