Appellate Division of the Supreme Court of the State of New York December 6, 2012 (338 West 46th Street Realty, LLC v. State of New York State Division of Housing)

*440Respondents’ determination had a rational basis, given the pendency of a Civil Court proceeding involving the rent overcharges issue (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 231 [1974]).