Hampares v. State of New York Division of Housing & Community Renewal

—Judgment, Supreme Court, New York County (William McCooe, J.), entered December 13, 1999, which dismissed petitioner landlord’s application pursuant to CPLR article 78 to vacate the determination of rent overcharge *312by respondent State of New York Division of Housing and Community Renewal (DHCR), unanimously affirmed, without costs.

The IAS court properly dismissed the petition since DHCR’s determination was rationally based (see, Matter of Colton v Berman, 21 NY2d 322, 329). DHCR found that a so-ordered stipulation of settlement, entered into in Civil Court between petitioner landlord and a…