Opinion
December 13, 1990
Appeal from the Supreme Court, New York County (Eve Preminger, J.).
A rational basis exists to support the agency's determination and the court will not substitute its judgment for that of the administrative agency. (Matter of Pell v. Board of Educ., 34 N.Y.2d 222.) The owner's argument that it had no notice of its obligation to supply all the leases back to the base rent is without merit. Even if the owner did not receive the final notice, the record shows it did receive two other notices requesting a complete rent history. We therefore hold that the Commissioner's determination had a rational basis in fact and law and is neither arbitrary nor capricious.
Concur — Kupferman, J.P., Sullivan, Ross, Ellerin and Rubin, JJ.