Home/Appellate Division of the Supreme Court of New York/Rocky Hill Terrace Associates v. New York State Division of Housing & Community Renewal

Rocky Hill Terrace Associates v. New York State Division of Housing & Community Renewal

202 A.D.2d 512, 610 N.Y.S.2d 800, 1994 N.Y. App. Div. LEXIS 2443
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 14, 1994
StatusPublished

This text of 202 A.D.2d 512 (Rocky Hill Terrace Associates v. New York State Division of Housing & Community Renewal) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rocky Hill Terrace Associates v. New York State Division of Housing & Community Renewal, 202 A.D.2d 512, 610 N.Y.S.2d 800, 1994 N.Y. App. Div. LEXIS 2443 (N.Y. Ct. App. 1994).

Opinion

—In a proceeding pursuant to CPLR article 78, inter alia, to enjoin the respondent New York State Division of Housing and Community Renewal from implementing its determination that there had been a diminution of a required service at the appellant’s building complex which barred the appellant’s entitlement to a major capital improvement rent increase, the petitioner appeals from a judgment of the Supreme Court, Queens County (Katz, J.), entered March 13, 1992, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

We find that since the Commissioner’s ruling is a literal and reasonable application of the relevant laws and agency precedents, this Court must defer to its administrative construction (see, Matter of Albano v Kirby, 36 NY2d 526), and decline to substitute its judgment for that of the agency (see, Matter of Mid-State Mgt. Corp. v New York City Conciliation & Appeals Bd., 112 AD2d 72, affd 66 NY2d 1032). Miller, J. P., Copertino, Santucci and Goldstein, JJ., concur.

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Related

MATTER OF MID-STATE MGMT. CORP. v. New York City Conciliation & Appeals Bd.
489 N.E.2d 1300 (New York Court of Appeals, 1985)
Albano v. Kirby
330 N.E.2d 615 (New York Court of Appeals, 1975)
Mid-State Management Corp. v. New York City Conciliation & Appeals Board
112 A.D.2d 72 (Appellate Division of the Supreme Court of New York, 1985)

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Bluebook (online)
202 A.D.2d 512, 610 N.Y.S.2d 800, 1994 N.Y. App. Div. LEXIS 2443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rocky-hill-terrace-associates-v-new-york-state-division-of-housing-nyappdiv-1994.