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MATTER OF BARMAT REALTY COMPANY, LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

2008-10635.

67 A.D.3d 1006 (2009)

888 N.Y.S.2d 772

2009 NY Slip Op 08816

In the Matter of BARMAT REALTY COMPANY, LLC, Petitioner, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and YVETTE QUOW, Appellant.

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

Decided November 24, 2009.

Ordered that the judgment is reversed, on the law, with costs, the determination dated November 19, 2007, is confirmed, the petition is denied, and the proceeding is dismissed on the merits.

Contrary to the Supreme Court's determination, the challenged determination was neither arbitrary nor capricious (see CPLR 7803 [3]). The Deputy Commissioner of the New York State Division of Housing and Community Renewal rationally determined that the landlord had agreed...

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