Opinion
February 11, 1985
Appeal from the Supreme Court, Kings County (Golden, J.).
Judgment affirmed, with costs.
The record reveals that petitioner, over a seven-month period, failed to comply with two New York City Conciliation and Appeals Board orders directing her to restore services to the required level by correcting certain conditions, including rotted window frames which permitted air seepage, and to pay a fine in the amount of $285. Although some repairs were made, one half of the original conditions were not satisfactorily remedied months after compliance was due, and the fine was never remitted. After being advised of the consequences of failing to comply with the Board's orders, petitioner was ultimately expelled from the Rent Stabilization Association as to the apartment, the apartment was placed under rent control, and the tenants' rent was reduced to the level in effect prior to the most recent guidelines increase. Such action of the Board was not arbitrary and capricious nor was the penalty so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness ( see, Matter of Louie v Hemmerdinger, 101 A.D.2d 792, revg NYLJ, May 12, 1982, p 12, col 2; Matter of NRK Mgt. v Rent Stabilization Assn., 92 A.D.2d 570; Matter of Oriental Blvd. Co. v New York City Conciliation Appeals Bd., 92 A.D.2d 470, affd 60 N.Y.2d 633; Matter of Thwaites Place Assoc. v New York City Conciliation Appeals Bd., 81 A.D.2d 804, affd 54 N.Y.2d 798). Mollen, P.J., Titone, Thompson and Bracken, JJ., concur.