Opinion
August 7, 1989
Appeal from the Supreme Court, Kings County (Spodek, J.).
Ordered that the appeal from the judgment dated August 17, 1988, is dismissed, without costs or disbursements, as that judgment was superseded by the order dated December 7, 1988, made upon reargument; and it is further,
Ordered that the order dated December 7, 1988, is affirmed, without costs or disbursements.
The petitioners have failed to demonstrate that fraud or illegality played a part in the Board of Estimate's determination denying their applications for the release of the City of New York's interest in two parcels of real property. Absent such a showing, the Board of Estimate has discretion to grant or deny the release of real property acquired by the City of New York through in rem tax foreclosure proceedings once the four-month mandatory release period has expired (see, Administrative Code of City of New York § 11-424, formerly § D17-25.0; Matter of McDonuts Real Estate v. Board of Estimate, 146 A.D.2d 697; Izquierdo v. Board of Estimate, 141 A.D.2d 337; Matter of Wilson v. City of New York, 135 A.D.2d 441, appeal dismissed 71 N.Y.2d 993; Solomon v. City of New York, Dept. of Gen. Servs., 94 A.D.2d 283).
The history of tax delinquency with regard to the properties when owned by the petitioners' decedent and the failure of the petitioners to avail themselves of the mandatory redemption provisions contained in the Administrative Code, lead us to conclude that the denial of their application for release of the parcels was neither arbitrary, capricious nor irrational (see, Matter of McDonuts Real Estate v. Board of Estimate, supra). Furthermore, the petitioners failed to demonstrate fraud or illegality sufficient to render the determination invalid (see, Matter of McDonuts Real Estate v. Board of Estimate, supra; Izquierdo v. Board of Estimate, supra).
We have considered the petitioners' remaining contentions and find them to be without merit. Rubin, J.P., Spatt, Harwood and Rosenblatt, JJ., concur.