Opinion
Submitted October 13, 1999
December 2, 1999
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent dated February 25, 1998, that a building owned by the petitioner was subject to the Rent Stabilization Code (9 N.Y.CRR parts 2520-2530), the petitioner appeals from a judgment of the Supreme Court, Kings County (Dowd, J.), dated September 2, 1998, which denied the petition and dismissed the proceeding.
Robert C. Agee, Bronxville, N.Y., for appellant.
Marcia P. Hirsch, New York, N.Y. (Jan C. Rose of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Contrary to the petitioner's contention, the respondent' s determination that the building owned by the petitioner was subject to the Rent Stabilization Code notwithstanding its conversion to a building with less than six apartments, was neither arbitrary nor capricious (see, 9 NYCRR 2520.11[d]; Matter of Zandieh v. Div. of Hous. Community Renewal of State of N.Y., 249 A.D.2d 553; Matter of Shubert v. New York State Div. of Hous. Community Renewal, 162 A.D.2d 261 ).
BRACKEN, J.P., SANTUCCI, ALTMAN, FRIEDMANN, and H. MILLER, JJ., concur.