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IN RE: Application of BROADWAY BRETTON, INC., Petitioner-Appellant, For a Judgment, etc., v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Respondent, Bretton Hall Tenants Association, et al., Respondents-Intervenors-Respondents.
Order and judgment (one paper), Supreme Court, New York County (Emily Goodman, J.), entered November 5, 1997, which, inter alia, dismissed the amended petition to annul certain rent reduction orders issued by respondent New York State Division of Housing and Community Renewal (DHCR), unanimously affirmed, without costs.
Under the circumstances, respondent DHCR's treatment of the tenants' objections to petitioner landlord's registration as complaints about the lack of services was not irrational. The landlord was sufficiently alerted as to the nature of the complaints, since the building had previously been reclassified from a hotel to an apartment building due to the absence of the same services, and the objections themselves addressed the specific missing services. Respondent has sufficiently explained its rationale for the departure from its decision in Matter of Evans Administrative Review Docket No. ART-8430-B (see, Matter of Charles A. Field Delivery Service, Inc., 66 N.Y.2d 516, 520, 498 N.Y.S.2d 111, 488 N.E.2d 1223).
MEMORANDUM DECISION.
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Decided: February 09, 1999
Court: Supreme Court, Appellate Division, First Department, New York.
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