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

IN RE: WEINREB MANAGEMENT, Petitioner-Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, etc., Respondent-Respondent, Irwin Brandon, et al., Intervenors-Respondents.

Decided: May 13, 2003

NARDELLI, J.P., TOM, ROSENBERGER, ELLERIN and GONZALEZ, JJ. Steven L. Schultz, for Petitioner-Appellant. Nava Listokin, for Respondent-Respondent. David Ng, for Intervenors-Respondents.

Order and judgment (one paper), Supreme Court, New York County (Michael Stallman, J.), entered March 29, 2002, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 to annul so much of a determination by respondent New York State Division of Housing and Community Renewal (DHCR), dated June 11, 1998, as denied petitioner landlord's application for a major capital improvement rent increase for 22 apartments in its building based on its installation of new windows in those apartments, unanimously affirmed, without costs.

Contrary to petitioner's contention, the record before DHCR permitted it rationally and reasonably to find that the window installations at issue were defective and, accordingly, to conclude that those window installations did not constitute improvements 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).