IN RE: Raphael BAZBAZ (1998)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Raphael BAZBAZ, Petitioner-Respondent, For a Judgment, etc., v. STATE of New York DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Appellant.

Decided: January 15, 1998

Before ELLERIN, J.P., and NARDELLI, WILLIAMS, ANDRIAS and COLABELLA, JJ.

Michael J. Berman, for petitioner-respondent. Roderick J. Walters, for respondent-appellant.

Order, Supreme Court, New York County (Louis York, J.), entered on or about September 16, 1996, and judgment, same court and Justice, entered November 7, 1996, which granted petitioner's application to the extent of vacating an order of deregulation by the New York State Division of Housing and Community Renewal (“DHCR”) and remanded the matter for further proceedings, unanimously reversed, on the law, without costs, the application denied and the petition dismissed.

The determination by DHCR had a rational basis. The tenant failed to verify his income within the required period, mandating the deregulation order (see, N.Y.C. Administrative Code section 26-504.3[c][1] & [3]; In re Application of Nick v. State of New York Division of Housing and Community Renewal, et al., 244 A.D.2d 299, 664 N.Y.S.2d 777).

MEMORANDUM DECISION.

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