Matter of M & E Christopher LLC v New York State Div. of Hous. & Community Renewal

Matter of M&E Christopher LLC v New York State Div. of Hous. & Community Renewal 2007 NY Slip Op 00730 [37 AD3d 162] February 1, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 11, 2007

In the Matter of M&E Christopher LLC, Appellant,
v
New York State Division of Housing and Community Renewal et al., Respondents.

—[*1] Kossoff & Unger, New York (Stacie Bryce Feldman of counsel), for appellant.

David B. Cabrera, New York (Gary Turk of counsel), for The New York State Division of Housing and Community Renewal, respondent.

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York (Jeffrey R. Metz of counsel), for Jonathan Berlin, respondent.

Judgment, Supreme Court, New York County (William A. Wetzel, J.), entered August 10, 2005, denying the petition seeking to annul respondent agency's determination, dated January 14, 2005, that the apartments at issue are subject to rent stabilization and directing petitioner to issue vacancy leases to respondent Berlin, unanimously affirmed, without costs.

The determination that the apartments remain subject to rent stabilization had a rational basis in the record (see Matter of AVJ Realty Corp. v New York State Div. of Hous. & Community Renewal, 8 AD3d 14 [2004]). Petitioner failed to substantiate its claim that Berlin was an employee who was permitted to live in the apartments rent-free or that the apartments were deregulated due to the occupancy of a deregulated tenant. The bulk of petitioner's remaining arguments on appeal are not properly before us because they were not raised in the administrative proceeding (Matter of London Terrace Assoc. v New York State Div. of Hous. & Community Renewal, 273 AD2d 13, 14 [2000], appeal dismissed sub nom. Matter [*2]of Zarember v New York State Div. of Hous. & Community Renewal, 96 NY2d 754 [2001], lv denied sub nom. Matter of Zarember v New York State Div. of Hous. & Community Renewal, 96 NY2d 714 [2001]). In any event, they are all unavailing. Concur—Tom, J.P., Andrias, Friedman, Catterson and Kavanagh, JJ.