47 Clinton Street Co. v. New York State Division of Housing & Community Renewal

Full title: In the Matter of 47 CLINTON STREET COMPANY, Appellant, v. NEW YORK STATE…

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

Date published: May 15, 1990

161 A.D.2d 402 (N.Y. App. Div. 1990)

555 N.Y.S.2d 332

Opinion

May 15, 1990

Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).

The petitioner maintains and the respondent Division concedes that the original determination of the District Rent Administrator and the subsequent determination of the petition for administrative review were made without the benefit of complete, necessary documentation by the petitioner, or the submission of full opposition by the tenants. While for this reason petitioner claims that the determination should be annulled as not rationally based, the respondent requests that the matter then be remitted for a new determination.

Review of the record indicates that remission to the respondent for the submission of a complete record, further fact finding, and a new determination is necessary in order for the Division to "`function efficiently and render substantial justice to the parties concerned'." (Matter of Wiener v. Joy, 100 A.D.2d 800, 801.)

Concur — Rosenberger, J.P., Kassal, Ellerin, Smith and Rubin, JJ.