Opinion
January 24, 1995
Appeal from the Supreme Court, New York County (Carol Arber, J.).
The Commissioner's order, finding that housing accommodations located in the subject building are exempt from regulation because the building is owned and operated by an institution that is operated exclusively for charitable or educational purposes on a non-profit basis (Rent Stabilization Code [9 N.Y.CRR] § 2520.11 [f]; see, Matter of Symphony Space v. Tishelman, 60 N.Y.2d 33), has a rational basis in the record and was thus not arbitrary or capricious but was a reasonable and proper exercise of discretion (Matter of Pell v. Board of Educ., 34 N.Y.2d 222). Nor was the agency required to hold a hearing where the determination was based on undisputed facts and does not involve the credibility of any witness (see, Matter of Rubin v. Eimicke, 150 A.D.2d 697, lv denied 75 N.Y.2d 704).
Concur — Murphy, P.J., Ross, Williams and Tom, JJ.