Classic Realty LLC v. New York State Division of Housing & Community Renewal

Sullivan, J. (dissenting).

This is an appeal from the dismissal of a CPLR article 78 proceeding seeking to annul a determination of the New York State Division of Housing and Community Renewal (DHCR) which, upon administrative review, upheld the decision of the Rent Administrator denying the petition for high income rent deregulation (Administrative Code of City of NY § 26-504.3). In my view, the order denying the petition for administrative review was arbitrary and capricious and the petition to annul that determination was improperly dismissed.

Petitioner Classic Realty LLC is the agent for…