Opinion
Decided November 18, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK VACCARO, J.
Bernard Meyerson and Louis J. Russo for appellants.
Julius Copeland and Harry Michelson for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 89 A.D.2d 604). We emphasize that the proper standard of review of determinations by the Commissioner of Department of Housing Preservation and Development is a "rational basis" test ( Matter of Asen Bros. Brook v Leventhal, 54 N.Y.2d 839; Matter of Colton v Berman, 21 N.Y.2d 322, 329).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.