IN RE: Application of DUELL LLC (2000)

Order, Supreme Court, New York County (Elliott Wilk, J.), entered October 7, 1998, which, in an proceeding pursuant to CPLR article 78, dismissed the petition to vacate a determination by respondent New York State Division of Housing and Community Renewal, dated September 9, 1997, reversing a decision of the rent administrator to the extent that said decision granted petitioner owners' application for a major capital improvement rent increase, unanimously affirmed, without costs.

Contrary to petitioners' contention, the record before it permitted respondent Division of Housing and Community Renewal to determine reasonably and rationally that a substantial portion of the new windows in the subject building were defectively installed and, as such, did not constitute an improvement to the building justifying a major capital improvement rent increase (see, Matter of Ansonia Residents Assn. v. New York State Div. of Hous. & Community Renewal, 75 N.Y.2d 206, 213, 551 N.Y.S.2d 871, 551 N.E.2d 72;  Simkowitz v. New York State Div. of Hous. & Community Renewal, 256 A.D.2d 51, 52, 680 N.Y.S.2d 525).

We have considered petitioners' remaining arguments and find them unavailing.

MEMORANDUM DECISION.