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

—Judgment, Supreme Court, New York County (Edward Lehner, J.), entered September 17, 1998, which granted the CPLR article 78 proceeding petition challenging a Division of Housing and Community Renewal order dated July 11, 1997 establishing a fair market rent in accordance with its own guidelines, to the extent of remanding the matter to the agency for further proceedings to fix a fair market rent in conformity with the last rent controlled rent, unanimously reversed, on the law, without costs, the agency determination confirmed and the petition dismissed.

Petitioners’ reliance on Smitten v 56…