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IN THE MATTER OF ROWE v. CALOGERO

56 A.D.3d 567 (2008)

866 N.Y.S.2d 881

In the Matter of AUDREY ROWE, Appellant, v. JUDITH CALOGERO, Respondent.

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

November 12, 2008.

Ordered that the judgment is affirmed, with costs.

The determination of the New York State Division of Housing and Community Renewal that the subject building was exempt from rent regulation had a rational basis and was not arbitrary or capricious. Therefore, the Supreme Court properly confirmed the determination (see Emergency Tenant Protection Act of 1974 § 5 [a] [5] [L 1974, ch 576, sec 4, § 5, as amended (McKinney's Uncons Laws of NY § 8625...

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