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Matter of Newport Mgmt. v. New York State

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1989
149 A.D.2d 599 (N.Y. App. Div. 1989)

Opinion

April 17, 1989

Appeal from the Supreme Court, Kings County (Hurowitz, J.).


Ordered that the judgment is reversed, on the law, without costs or disbursements, the determination is confirmed, and the proceeding is dismissed on the merits.

The New York State Division of Housing and Community Renewal determined that the owner of the subject apartment building had failed to maintain certain required services and ordered a rent reduction pursuant to the Rent Stabilization Law for the tenants who had initiated the complaint (see, Administrative Code of City of New York § 26-514 [former § YY51-6.0.3]). The agency's determination is amply supported by the record, which includes a report of an on-site inspection of the premises. Where, as here, the determination has a rational basis and is in accordance with applicable law, it may not be disturbed upon judicial review (see, e.g., Cohen v. State of New York Div. of Hous. Community Renewal, 131 A.D.2d 808; Matter of 230 E. 52nd St. Assocs. v State Div. of Hous. Community Renewal, 131 A.D.2d 349; cf., Fresh Meadows Assocs. v. Conciliation Appeals Bd., 88 Misc.2d 1003, affd 55 A.D.2d 559, affd 42 N.Y.2d 925). Rubin, J.P., Kooper, Sullivan and Balletta, JJ., concur.


Summaries of

Matter of Newport Mgmt. v. New York State

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1989
149 A.D.2d 599 (N.Y. App. Div. 1989)
Case details for

Matter of Newport Mgmt. v. New York State

Case Details

Full title:In the Matter of NEWPORT MANAGEMENT CO., Respondent, v. NEW YORK STATE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 17, 1989

Citations

149 A.D.2d 599 (N.Y. App. Div. 1989)