Opinion
November 12, 1996.
In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Housing and Community Renewal, dated July 15, 1994, which revoked a portion of a rent increase that was granted to the petitioner by the District Rent Administrator, the petitioner appeals from a judgment of the Supreme Court, Queens County (Posner, J.), dated August 9, 1995, which dismissed the proceeding.
Before: Pizzuto, J.P., Santucci, Friedmann and Luciano, JJ.
Ordered that the judgment is affirmed, with costs.
The determination of the New York State Division of Housing and Community Renewal that the application of a water-proof covering, accompanied by a minimal amount of pointing, did not constitute a major capital improvement ( see, 9 NYCRR 2522.4, 2202.4 [c]) was neither irrational nor unreasonable. Thus, the determination must be upheld ( see, Matter of Ansonia Residents Assn. v New York State Div. of Hous. Community Renewal, 75 NY 2d 206; Matter of Prospect Assocs. v New York State Div. of Hous. Community Renewal, 206 AD2d 374; Matter of Wesley Ave. Assocs. v New York State Div. of Hous. Community Renewal, 206 AD2d 378; Matter of 126 Franklin Ave. Assocs. v New York State Div. of Hous. Community Renewal, 203 AD2d 464).