IN RE: 87TH STREET SHERRY ASSOCIATES (2022)

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

IN RE: 87TH STREET SHERRY ASSOCIATES, LLC, Petitioner-Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Respondent
IN RE: 1700 York Avenue Associates, LLC, Petitioner-Appellant, v. New York State Division of Housing and Community Renewal, Respondent-Respondent.

16426, 16429-, 16430

Decided: October 13, 2022

Renwick, J.P., Friedman, Singh, Shulman, Higgitt, JJ.

Horing Welikson Rosen & Digrugilliers, P.C., Williston Park (Jillian N. Bittner of counsel), for appellants. Mark F. Palomino, New York (Sandra A. Joseph of counsel), for respondent.

Orders, Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about May 17, 2021, June 17, 2021, and June 23, 2021, which denied the petitions to annul respondent New York State Division of Housing and Community Renewal's (DHCR) September 6, 2019 “Explanatory Addenda” to rent deregulation orders dated January 7, 2019, April 5, 2019, April 12, 2019, and May 3, 2019, to annul DHCR's orders, dated March 5, 2020 and August 21, 2020, denying the petitions for administrative review challenging the addenda, and to reinstate the deregulation orders, and dismissed the proceedings brought pursuant to CPLR article 78, unanimously affirmed, without costs.

DHCR's explanatory addenda and the orders denying the petitions for administrative review challenging the addenda were not arbitrary and capricious, nor were they affected by an error of law (see Matter of 160 E. 84th St. Assoc. LLC v. New York State Div. of Hous. & Community Renewal, 205 A.D.3d 635, 636, 167 N.Y.S.3d 395 [1st Dept. 2022]; Matter of 160 E. 84th St. Assoc. LLC v. New York State Div. of Hous. & Community Renewal, 205 A.D.3d 601, 601–602, 166 N.Y.S.3d 862 [1st Dept. 2022]; Matter of 160 E. 84th St. Assoc. LLC v. New York State Div. of Hous. & Community Renewal, 202 A.D.3d 610, 611, 159 N.Y.S.3d 845 [1st Dept. 2022]).

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

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