Arbor Hill Partners v. New York State Division of Housing & Community Renewal

OPINION OF THE COURT

Con. G. Cholakis, J.

The determination placed in issue by this CPLR article 78 proceeding is found to have been contrary to the meaning and intent of the controlling statute and is further found to be so unreasonable as to be arbitrary. Accordingly, the subject determination is annulled and the matter remanded to the respondents for purposes of redetermination.

The petitioner is a limited-profit housing company organized and existing pursuant to the provisions of the New York State Urban Development Corporation Act (L 1968, ch 179, as amd) and article II of the Private…