Legal Opinion

Lomagno v. Division of Housing & Community Renewal

Appellate Division of the Supreme Court of the State of New York

Decided March 27, 2007PublishedCited by 3 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the Division of Housing and Community Renewal dated March 16, 2005, the petitioner appeals from a judgment of the Supreme Court, Kings County (Martin, J.), dated November 30, 2005, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The determination that the subject apartments are subject to rent stabilization has a rational basis in the record, and is not arbitrary and capricious or an abuse of discretion (see Matter of Pell v Board of Educ. of Union Free School…

2Cases cited3 opinions

  1. East West Renovating Co. v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2005
  2. DiMaggio v. Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1998
  3. Clear Holding Co. v. State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by3 opinions

  1. Gersten v. 56 7th Avenue LLCAppellate Division of the Supreme Court of the State of New York · 2011
  2. Taylor v. 72A Realty Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2017
  3. Taylor v. 72A Realty Assoc., L.P.Appellate Division of the Supreme Court of the State of New York · 2017

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