The Attorney-General's determination that petitioner failed to obtain, as required by General Business Law § 352-eeee (1) (b); (2) (c) (i), written purchase agreements from bona fide tenants in occupancy and/or purchasers for 15% of all dwelling units at 815 Gravesend Neck Road, Brooklyn, was neither arbitrary, capricious nor an abuse of discretion (Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 231).
Both the financial means and the inclination to reside at the premises by those subscribers at issue, so closely connected by family, neighborhood and prior relationships with petitioner, were shown to be doubtful at best. The Attorney-General's office acted within its statutory authority, as mandated by General Business Law § 352-eeee (2) (c) (i), in focusing upon whether the subscribers used to declare an offering plan effective are bona fide (Matter of Grenader v. Lefkowitz, 47 A.D.2d 359, appeal dismissed 36 N.Y.2d 937, mod 42 N.Y.2d 907). The investigation by the Attorney-General was well founded in facts both past and present (cf., Matter of 160 W. 87th St. Corp. v Lefkowitz, 50 A.D.2d 732) such that, absent a sufficient percentage of bona fide subscribers and regardless of how proximate to the minimum percentage required for acceptance, rejection of the amendment was warranted (cf., Badem Bldgs. v Abrams, 120 A.D.2d 372, affd 70 N.Y.2d 45).
The assessment of credibility in this investigative capacity does not rise to the level of a due process violation necessitating a full evidentiary hearing (see, Matter of Pannell v. Jones, 36 N.Y.2d 339, 342). Finally, although an administrative hearing was not held per se, and the action at bar might not be amenable to transferral pursuant to CPLR 7804 (g), there is no statutory requirement under General Business Law § 352 directing a hearing (Matter of First Energy Leasing Corp. v Attorney-General of State of N.Y., 68 N.Y.2d 59, 64), and, once transferred, this court may decide the proceeding (Matter of Holy Spirit Assn. v. Tax Commn., 62 A.D.2d 188).
Concur — Milonas, J.P., Kupferman, Ross and Smith, JJ.