Apar Realty Co. v. State

Judgment, Supreme Court, New York County (Joan Madden, J.), entered on or about May 22, 2000, which denied and dismissed the petition brought pursuant to CPLR article 78 to annul a determination of the respondent State of New York Division of Housing and Community Renewal, dated July 8, 1999, which found that petitioner’s failure to collect Major Capital Improvement (MCI) increases constituted a waiver of such increases, unanimously affirmed, without costs.

Supreme Court properly dismissed the petition since DHCR’s determination was rationally based (see, Matter of Colton v Berman, 21 NY2d…