Legal Opinion
Sharon Towers Realty v. New York State Division of Housing
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 1994PublishedCited by 1 opinion
1Opinion of the Court
Determination unanimously confirmed without costs and petition dismissed. Memorandum: Supreme Court erroneously transferred this CPLR article 78 proceeding to the Appellate Division upon the ground that the sole issue raised was whether the determination was supported by substantial evidence. No evidentiary hearing was conducted. Whether respondent New York State Division of Housing and Community Renewal (DHCR) properly invoked its default procedures for determining the base date stabilized rent is subject to judicial review under the arbitrary and capricious standard of review (see, Matter…
2Cases cited4 opinions
- Colton v. BermanNew York Court of Appeals · 1967
- 125 Bar Corp. v. State Liquor AuthorityNew York Court of Appeals · 1969
- Mazel Real Estate v. MirabalAppellate Division of the Supreme Court of the State of New York · 1988
- Kraus Management, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by1 opinion
- Dabulis v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1995