From Casetext: Smarter Legal Research

Starlight Realty Associates v. State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 1990
168 A.D.2d 306 (N.Y. App. Div. 1990)

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.


Summaries of

Starlight Realty Associates v. State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 1990
168 A.D.2d 306 (N.Y. App. Div. 1990)
Case details for

Starlight Realty Associates v. State Division of Housing & Community Renewal

Case Details

Full title:In the Matter of STARLIGHT REALTY ASSOCIATES, Appellant, v. STATE DIVISION…

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

Date published: Dec 13, 1990

Citations

168 A.D.2d 306 (N.Y. App. Div. 1990)
562 N.Y.S.2d 638

Citing Cases

455 Ocean Associates v. New York State Division of Housing& Community Renewal

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the award of treble…