47-40 41st Realty Corp. v. New York State Division of Housing & Community Renewal
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
It is well established that, when reviewing a determination of an administrative agency, the court’s inquiry is limited to whether the determination is arbitrary or capricious or without a rational basis in the record and a reasonable basis in law (Matter of Ista Mgt. v State Div. of Hous. & Community Renewal, 161 AD2d 424, 426; Matter of Drizin v Commissioner of Div. of Hous. & Community Renewal, 140 AD2d 605, 606; Matter of Plaza Mgt. Co. v City Rent Agency, 48 AD2d 129, 131, affd 37 NY2d 837). The court should refrain from substituting its judgment for that of the administrative agency…
2Cases cited9 opinions
- Fresh Meadows Associates v. New York City Conciliation & Appeals BoardAppellate Division of the Supreme Court of the State of New York · 1976
- Fresh Meadows Associates v. Conciliation & Appeals BoardNew York Supreme Court · 1976
- Plaza Management Co. v. City Rent AgencyAppellate Division of the Supreme Court of the State of New York · 1975
- MATTER OF PLAZA MGMT. CO. v. City Rent AgencyNew York Court of Appeals · 1975
- Fresh Meadows Assocs. v. New York City Conciliation & Appeals Bd.New York Court of Appeals · 1977
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- 85 Eastern Parkway Corp. v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2002
- ATM One, LLC v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2007
- Condo Units v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2004
- Halpert v. ShahAppellate Division of the Supreme Court of the State of New York · 2013
- Melendez v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2003
5 more not listed; retrieve them via the Exa API.