Appellate Division of the Supreme Court of the State of New York September 19, 2006 (Kew Gardens Associates, LLC v. New York State Division of Housing & Community Renewal)

In a proceeding pursuant to CFLR article 78 to review so much of a determination of the New York State Division of Housing and Community Renewal, dated June 1, 2004, as confirmed an order of the Rent Administrator, dated June 24, 2003, which, upon reconsideration of a prior determination dated April 5, 2001, denied, in part, the petitioner’s application *941for a major capital improvement rent