Opinion
Nos. 16431 16432 Index No. 157776/20 Case No. 2021-03069
10-13-2022
In the Matter of Clermont York Associates, LLC, Petitioner-Appellant, v. New York State Division Housing and Community Renewal, Respondent-Respondent.
Horing Welikson Rosen & Digrugilliers, P.C., Williston Park (Jillian N. Bittner of counsel), for appellant. Mark F. Palomino, New York (Sandra A. Joseph of counsel), for respondent.
Horing Welikson Rosen & Digrugilliers, P.C., Williston Park (Jillian N. Bittner of counsel), for appellant.
Mark F. Palomino, New York (Sandra A. Joseph of counsel), for respondent.
Before: Renwick, J.P., Friedman, Singh, Shulman, Higgitt, JJ.
Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered June 30, 2021, which denied the petition to annul respondent New York State Division of Housing and Community Renewal's (DHCR) September 6, 2019 "Explanatory Addenda" to a rent deregulation order dated April 5, 2019, to annul DHCR's August 6, 2020 order denying the petition for administrative review challenging the addenda, and to reinstate the deregulation order, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
DHCR's explanatory addenda and the order denying the petition for administrative review challenging the addenda were not arbitrary and capricious, nor were they affected by an error of law (see Matter of 160 E. 84th St. Assoc. LLC v New York State Div. of Hous. & Community Renewal, 205 A.D.3d 635, 636 [1st Dept 2022]; Matter of 160 E. 84th St. Assoc. LLC v New York State Div. of Hous. & Community Renewal, 205 A.D.3d 601, 601-602 [1st Dept 2022]; Matter of 160 E. 84th St. Assoc. LLC v New York State Div. of Hous. & Community Renewal, 202 A.D.3d 610, 611 [1st Dept 2022]).
Petitioner failed to make a showing that DHCR's delay in issuing the deregulation order was caused by DHCR's negligence or willfulness (see Matter of McCarthy v New York State Div. of Hous. & Community Renewal, 290 A.D.2d 313, 314 [1st Dept 2002]).
We have considered petitioner's remaining arguments and find them unavailing.