Boyd v. New York State Division of Housing & Community Renewal

New York Court of Appeals

Boyd v. New York State Division of Housing & Community Renewal

16 N.E.3d 1243, 23 N.Y.3d 999

New York Court of Appeals·Decided June 26, 2014·Published·Cited by 28 cases

Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, judgment of Supreme Court, New York County, reinstated, and certified question answered in the negative. New York State Division of Housing and Community Renewal’s determination denying tenant’s petition for administrative review was not arbitrary or capricious, as tenant failed to set forth sufficient indicia of fraud to warrant consideration [1001] of the rental history beyond the four-year statutory period (see Matter of Grimm v State of N.Y. Div. of Hous. & Community Renewal Off. of Rent Admin., 15 NY3d 358, 366-367 [2010]).

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.

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OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, judgment of Supreme Court, New York County, reinstated, and certified question answered in the negative. New York State Division of Housing and Community Renewal’s determination denying tenant’s petition for administrative review was not arbitrary or capricious, as tenant failed to set forth sufficient indicia of fraud to warrant consideration [1001] of the rental history beyond the four-year statutory period (see Matter of Grimm v State of N.Y. Div. of Hous. & Community Renewal Off. of Rent Admin., 15 NY3d 358, 366-367 [2010]).

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.

Boyd v. New York State Division of Housing & Community Renewal, 16 N.E.3d 1243, 23 N.Y.3d 999 (N.Y. 2014).

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16 N.E.3d 1243 (Boyd v. New York State Division of Housing & Community Renewal) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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