West 97th Street Realty Corp. v. New York State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York

West 97th Street Realty Corp. v. New York State Division of Housing & Community Renewal

51 A.D.3d 586, 859 N.Y.S.2d 134

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 29, 2008

StatusPublished

This text of 51 A.D.3d 586 (West 97th Street Realty Corp. 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.

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West 97th Street Realty Corp. v. New York State Division of Housing & Community Renewal, 51 A.D.3d 586, 859 N.Y.S.2d 134 (N.Y. Ct. App. 2008).

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Opinion

Order and judgment (one paper), Supreme Court, New York County (Eileen Bransten, J.), entered October 30, 2007, dismissing this proceeding to challenge denial of an application for an ancillary service exemption, unanimously affirmed, without costs.

The Division of Housing and Community Renewal’s determi[587]*587nation that the garage operator was not an independent contractor, and that the ancillary service exemption under Rent Stabilization Code (9 NYCRR) § 2520.6 (r) (4) (xi) does not apply to a garage formerly subject to regulation under the Mitchell-Lama Law, was not arbitrary and capricious or without a rational basis in the administrative record. The interpretation of statutes and regulations by an agency responsible for administering them is entitled to great deference and must be upheld where, as here, it is reasonable (see Matter of Partnership 92 LP & Bldg. Mgt. Co., Inc. v State of N.Y. Div. of Hous. & Community Renewal, 46 AD3d 425, 428-429 [2007]). Concur— Lippman, P.J., Tom, Gonzalez, Buckley and Renwick, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Eileen Bransten, J.), entered October 30, 2007, dismissing this proceeding to challenge denial of an application for an ancillary service exemption, unanimously affirmed, without costs.

The Division of Housing and Community Renewal’s determi[587]*587nation that the garage operator was not an independent contractor, and that the ancillary service exemption under Rent Stabilization Code (9 NYCRR) § 2520.6 (r) (4) (xi) does not apply to a garage formerly subject to regulation under the Mitchell-Lama Law, was not arbitrary and capricious or without a rational basis in the administrative record. The interpretation of statutes and regulations by an agency responsible for administering them is entitled to great deference and must be upheld where, as here, it is reasonable (see Matter of Partnership 92 LP & Bldg. Mgt. Co., Inc. v State of N.Y. Div. of Hous. & Community Renewal, 46 AD3d 425, 428-429 [2007]). Concur— Lippman, P.J., Tom, Gonzalez, Buckley and Renwick, JJ.

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Bluebook (online)

51 A.D.3d 586, 859 N.Y.S.2d 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-97th-street-realty-corp-v-new-york-state-division-of-housing-nyappdiv-2008.

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