Appellate Division of the Supreme Court of the State of New York November 25, 2002 (Rickman Realty Corp. v. New York State Division of Housing & Community Renewal)

Ordered that the judgment is affirmed, with costs.

*553Contrary to the petitioner’s contention, the New York State Division of Housing and Community Renewal (hereinafter the DHCR) reasonably and rationally determined that the installation of windows in a defective and unworkmanlike manner was not a “major capital improvement,” notwithstanding the passage of time between the installation of the