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MATTER OF RSL 53-55 E. 95TH LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

537, 100550/14.

137 A.D.3d 572 (2016)

27 N.Y.S.3d 534

2016 NY Slip Op 01908

In the Matter of RSL 53-55 E. 95TH 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 March 17, 2016.

DHCR's determination that Bernadette Campbell was entitled to succession rights was not arbitrary and capricious, and did not lack a rational basis (see generally Flacke v Onondaga Landfill Sys., 69 N.Y.2d 355, 363 [1987]). Campbell established her right to succeed to the apartment as a family member (see NY City Rent and Eviction Regulations [9 NYCRR] § 2204.6 [d] [1]). Campbell...

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