Opinion
June 1, 2000.
Order, Supreme Court, New York County (Harold Tompkins, J.), entered November 6, 1998, which denied and dismissed the consolidated petitions challenging, pursuant to CPLR article 78, the determination of respondent New York State Division of Housing and Community Renewal granting, in part, the application of petitioner London Terrace Associates, L.P., for a major capital improvement rent increase, unanimously affirmed, without costs.
Blaine Z. Schwadel, for petitioner-respondent-appellant.
Seth A. Miller, for intervenors-appellants-respondents.
Seth A. Miller, for petitioner-appellant.
Blaine Z. Schwadel, for intervenor-respondent-appellant.
Before: Williams, J.P., Tom, Mazzarelli, Rubin, Friedman, JJ.
The record demonstrates that the determination of respondent agency, granting, only in part, the owner's application for a major capital improvement rent increase, was rationally based and, accordingly, may not be disturbed (see, Matter of Ansonia Residents Assn. v. Dept. of Hous. Community Renewal, 75 N.Y.2d 206, 213; Matter of Nestor v. New York State Div. of Hous. and Community Renewal, 257 A.D.2d 395, 396, lv denied 93 N.Y.2d 982). We note that tenant petitioners, on their appeal, raise matters not argued before the New York State Division of Housing and Community Renewal. Such matters are not properly before this Court (see, 985 Fifth Ave., Inc. v. State Div. of Hous. Community Renewal, 171 A.D.2d 572, 575-576, lv denied 78 N.Y.2d 861).
We have considered the remaining arguments for affirmative relief raised by both the tenants and the owners and find them unavailing.
Motion seeking to strike respondents' briefs denied.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.