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

—Order and judgment (one paper), Supreme Court, New York County (Lorraine Miller, J.), entered February 10, 1997, which, inter alia, denied that part of petitioners’ application pursuant to CPLR article 78 seeking to annul the June 16, 1995 determination of respondent New York State Division of Housing and Community Renewal (DHCR) that petitioners were rent stabilized rather than rent controlled tenants, unanimously affirmed, without costs.

We agree with Supreme Court that the Commissioner’s order, finding that petitioners’ apartment was subject to the Rent Stabilization Law rather than the…