| Matter of West 97th St. Realty Corp. v New York State Div. of Hous. & Community Renewal |
| 2008 NY Slip Op 04776 [51 AD3d 586] |
| May 29, 2008 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of West 97th Street Realty Corp.,
Appellant, v New York State Division of Housing and Community Renewal, Respondent, and Central Park Gardens Tenants' Association, Intervenor-Respondent. |
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Gary R. Connor, New York (Caroline M. Sullivan of counsel), for Division of Housing and
Community Renewal, respondent.
Hartman, Ule, Rose & Ratner, LLP, New York (Jacques F. Rose of counsel), for Central
Park Gardens Tenants' Association, respondent.
Order and judgment (one paper), Supreme Court, New York County (Eileen Bransten, J.), entered October 30, 2007, dismissing this proceeding to challenge denial of an application for an ancillary service exemption, unanimously affirmed, without costs.
The Division of Housing and Community Renewal's determination that the garage operator was not an independent contractor, and that the ancillary service exemption under Rent Stabilization Code (9 NYCRR) § 2520.6 (r) (4) (xi) does not apply to a garage formerly subject to regulation under the Mitchell-Lama Law, was not arbitrary and capricious or without a rational basis in the administrative record. The interpretation of statutes and regulations by an agency responsible for administering them is entitled to great deference and must be upheld where, as here, it is reasonable (see Matter of Partnership 92 LP & Bldg. Mgt. Co., Inc. v State of N.Y. Div. of Hous. & Community Renewal, 46 AD3d 425, 428-429 [2007]). Concur—Lippman, P.J., Tom, Gonzalez, Buckley and Renwick, JJ.