Matter of Michael M. Lee v. N.Y. St. Division

Full title: In the Matter of MICHAEL M. LEE CO., Appellant, v. NEW YORK STATE DIVISION…

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

Date published: Dec 27, 1994

210 A.D.2d 485 (N.Y. App. Div. 1994)

620 N.Y.S.2d 1006

Opinion

December 27, 1994

Appeal from the Supreme Court, Queens County (Smith, J.).

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, the respondent's determination that the petitioner failed to provide the rent history documents which had been requested for the purpose of processing the tenant's rent overcharge is supported by the record (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222). Under these circumstances, the resulting refund of the rent overcharge was not arbitrary and capricious (see, Matter of 61 Jane St. Assocs. v New York City Conciliation Appeals Bd., 65 N.Y.2d 898).

We have considered the petitioner's remaining contentions and find them to be without merit. Balletta, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.