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MATTER OF HASKIN v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 150661/20. Appeal No. 15594. Case No. 2021-01233.

203 A.D.3d 603 (2022)

162 N.Y.S.3d 723

2022 NY Slip Op 02064

In the Matter of Judith E. Haskin, Appellant, v. New York State Division of Housing and Community Renewal, Respondent, and Stahl Associates, LLC, Intervenor-Respondent.

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

Decided March 24, 2022.

Attorney(s) appearing for the Case

Grimble & LoGuidice, LLP, New York (Robin LoGuidice of counsel), for appellant.

Mark F. Palomino, New York (Jeffrey G. Kelly of counsel), for The New York StateDivision of Housing and Community Renewal, respondent.

Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York (Michael D. Capozzi, of counsel), for Stahl Associates, LLC, respondent.

Concur—Kern, J.P., Moulton, Rodriguez, Pitt, Higgitt, JJ.

DHCR's finding that petitioner's apartment is not rent-stabilized was not arbitrary and capricious, as it was rationally supported by the record (CPLR 7803[3]; Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 231 [1974]). According to the record, the landlord performed work on the apartment approximately eight years before petitioner filed...

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