Opinion
May 15, 1995
Appeal from the Supreme Court, Kings County (G. Aronin, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The determination of the New York State Division of Housing and Community Renewal (hereinafter DHCR) dated October 16, 1991, was not arbitrary and capricious (see, CPLR 7803). The DHCR properly determined that the petitioners were precluded from relitigating their claim that the landlord blocked off two rooms of their four-room apartment (see, Ryan v New York Tel. Co., 62 N.Y.2d 494, 499). Balletta, J.P., Copertino, Altman and Goldstein, JJ., concur.