Opinion
2001-09529
Argued November 4, 2002.
November 25, 2002.
In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Housing and Community Renewal, dated May 2, 2000, as amended May 4, 2000, modifying so much of a determination of the District Rent Administrator, dated February 23, 1996, as granted, in part, the petitioner's application for a major capital improvement rent increase for rent-stabilized tenants, the petitioner appeals from a judgment of the Supreme Court, Queens County (Polizzi, J.), dated September 7, 2001, which denied the petition and dismissed the proceeding.
Horing Welikson Rosen, P.C., Forest Hills, N.Y. (Niles C. Welikson, Richard T. Walsh, and Daniel Roskoff of counsel), for appellant.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and Ann P. Zybert of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, CORNELIUS J. O'BRIEN, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Contrary to the petitioner's contention, the New York State Division of Housing and Community Renewal (hereinafter the DHCR) reasonably and rationally determined that the installation of windows in a defective and unworkmanlike manner was not a "major capital improvement," notwithstanding the passage of time between the installation of the windows and the DHCR's inspection (Rent Stabilization Code [9 NYCRR] 2522.4[a][2]; see Matter of Ansonia Residents Assocs. v. New York State Div. of Hous. and Community Renewal, 75 N.Y.2d 206; Matter of 36-08 Queens Realty v. New York State Div. of Hous. and Community Renewal, 222 A.D.2d 440; Matter of Wesley Ave. Assocs. v. New York State Div. of Hous. and Community Renewal Off. of Rent Admin., 206 A.D.2d 378; Matter of West Village Assocs. v. Division of Hous. and Community Renewal, 277 A.D.2d 111; Matter of Simkowitz v. New York State Div. of Hous. and Community Renewal, 256 A.D.2d 51).
FEUERSTEIN, J.P., SMITH, O'BRIEN and ADAMS, JJ., concur.