103 East 86th St. Realty Corp. v. New York State Division of Housing & Community Renewal

*290Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), entered September 19, 2003, which denied the petition brought pursuant to CPLR article 78 to annul an administrative determination denying an application to deregulate an apartment under the luxury decontrol law, and dismissed the proceeding, unanimously affirmed, without costs.

Petitioner urges that respondent should have taken into consideration the income of the tenant’s husband (see Rent Stabilization Law [Administrative Code of City of NY] § 26-504.1), despite the tenant’s submission of evidence that her husband had…