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MATTER OF 247-253 W. 116 LLC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

10522. 100541/17.

178 A.D.3d 482 (2019)

114 N.Y.S.3d 328

2019 NY Slip Op 08798

In the Matter of 247-253 West 116 LLC, Appellant, v. New York State Division of Housing and Community Renewal et al., Respondents.

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

Decided December 10, 2019.

Attorney(s) appearing for the Case

Sidrane, Schwartz-Sidrane, Perinbasekar & Littman LLP, Rockville Centre (Arun Perinbasekar of counsel), for appellant.

Mark F. Palomino, New York (Robert Ambaras of counsel), for New York State Division of Housing and Community Renewal, respondent.

Law Office of Stephen H. Palitz, New York (Stephen H. Palitz of counsel), for Constance Jones, respondent.

Concur—Friedman, J.P., Kapnick, Kern, Oing, JJ.

DHCR's determination that refinishing an existing bathtub in the subject apartment constituted repair or maintenance work rather than an Individual Apartment Improvement was rational (see Matter of Mayfair York Co. v New York State Div. of Hous. & Community Renewal, 240 A.D.2d 158 [1st Dept 1997]). Although petitioner's predecessor made various improvements to the apartment, DHCR did not make a finding that the bathtub refinishing...

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