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126 Franklin Avenue Associates v. New York State Divsion of Housing & Community Renewal

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1994
203 A.D.2d 464 (N.Y. App. Div. 1994)

Opinion

April 18, 1994

Appeal from the Supreme Court, Westchester County (LaCava, J.).


Ordered that the order and judgment is modified, on the law, by deleting the provisions thereof which granted the petitioner a rent increase for the backflow preventer and laundry room renovations, and substituting therefor a provision confirming the DHCR's determination in its entirety and dismissing the petition; as so modified, the order and judgment is affirmed, with costs to the appellant-respondent.

On the record before us, we find that the DHCR's determination denying that portion of the petitioner's application which was for a major capital improvement rent increase relating to the installation of a backflow preventer and for laundry room repairs was not irrational or unreasonable. Thus, the determination must be upheld (see, Matter of Ansonia Residents Assn. v New York State Div. of Hous. Community Renewal, 75 N.Y.2d 206; Matter of Salvati v Eimicke, 72 N.Y.2d 784). Bracken, J.P., Sullivan, Miller and Hart, JJ., concur.


Summaries of

126 Franklin Avenue Associates v. New York State Divsion of Housing & Community Renewal

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1994
203 A.D.2d 464 (N.Y. App. Div. 1994)
Case details for

126 Franklin Avenue Associates v. New York State Divsion of Housing & Community Renewal

Case Details

Full title:In the Matter of 126 FRANKLIN AVENUE ASSOCIATES, Respondent-Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 18, 1994

Citations

203 A.D.2d 464 (N.Y. App. Div. 1994)
610 N.Y.S.2d 316

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