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

—Order, Supreme Court, New York County (Carol Arber, J.), entered on or about May 9, 1997, which denied petitioner’s application to annul a determination of respondent agency dated August 14, 1996, and dismissed the petition, brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The Division of Housing and Community Renewal’s decision on the landlord’s rent restoration application was made upon the agency’s examination and appraisal of the pertinent facts (see, e.g., Matter of Lucot, Inc. v Gabel, 20 AD2d 94, 96-97, affd 15 NY2d 774) and has a rational basis (see, e.g.,…