Department of Housing Preservation & Development

Order and judgment (one paper), Supreme Court, New York County (David B. Saxe, J.), entered July 26, 1988, which granted the petition holding that the refusal of respondent HPD to approve petitioner Donna Levin as a tenant-stockholder of respondent Whitman Owner Corp. was arbitrary and capricious as a matter of law and directing Whitman to forthwith permit and facilitate the devolution of the stock and occupancy agreement referable to the apartment in question, unanimously modified, on the law, to the extent of remanding the matter to HPD for determination of whether Donna Levin’s annual…